HKSAR v. Pack Wing Hang

DCCC806/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 806 OF 2012

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Reasons for Sentence

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1.Pak Wing-hang, you have been convicted on your own pleas of 16 offences. All of those offences occurred within a short period of time on the same evening on 29 June this year. Seven of those offences involved unprovoked violence against completely innocent members of the public. One of them involved inflicting grievous bodily harm, Charge 1; two involved assault occasioning actual bodily harm, Charges 2 and 7; and four involved common assault, Charges 3, 4, 6 and 12.

2.One of the offences involved stealing the property of the victim of one of the assaults, that is, Charge 5.  Two of those offences involved the offence of taking a conveyance, namely a private car, without the authority of the owners, that Charges 8 and 13.  The remaining six offences relates to the use you made of those two cars.  They comprise two offences of dangerous driving, Charges 9 and 14, two offences of driving without insurance, Charges 11 and 16 and two offences of driving without a valid driving licence, Charges 10 and 15. 

3.These offences occurred within a week of your release from prison on 22 June this year where you had been serving a sentence for conspiracy to cause criminal damage.  These offences started with a vicious attack on a man who was simply waiting for a friend outside a barbecue food shop in Tai Mong Tsai Road in Sai Kung.  You repeatedly punched him in the head and then used a metal incense urn to strike him on the head while demanding that he produce his wallet.  As a result of this attack he suffered a number of injuries including a fractured nose and bruising and abrasions around his eyes.  That attack is the subject of Charge 1. 

4.When the lady he was waiting for arrived to see what was happening, you attacked her with a fishing net with a wooden handle causing tenderness to her right shoulder and abrasions and tenderness to her right index finger.  That attack is the subject of Charge 2. 

5.You then walked to a nearby restaurant and assaulted two male customers who were drinking at the bar area of the restaurant.  You attacked them with a fishing net; that attack is the subject of Charges 3 and 4.  One of the men was struck on the back and the arm and the other man on the head.  You then stole the wallet of one of the two men which contained over $2,900.  That theft is the subject of Charge 5.  A female staff member of the restaurant tried unsuccessfully to stop you taking the wallet but you threw a beer bottle at her before running out of the restaurant.  That incident is the subject of Charge 6.  You then ran up to the owner of a Toyota Corolla car, registration number PR4715, who was living in Sha Ha Village.  You inserted your hand into his pocket in order to snatch the keys of his car. When he resisted you struggled with him, punched him on neck causing neck muscle spasm and an abrasion on his chest.  That attack is the subject of Charge 7. 

6.You eventually managed to seize the keys of his car and drove the car away.  The taking of the car is the subject of Charge 8. In the course of driving the vehicle away you first crashed into a tree and then struck a low wall causing it to collapse.  You then sped off along Tai Mong Tsai Road in the direction of Kowloon.  At one point you came up behind a taxi at high speed.  There was a camera installed on the windshield of that taxi so I have been able to see the manner in which you were driving. 

7.I can only describe the manner of your driving, which is the subject of Charge 9, as wicked.  In order to pass the taxi, you crossed a double white line and then continued at high speed past a traffic island on the wrong side of the road on a right-hand bend.  If there had been any vehicle coming in the opposite direction there would have been a head on collision.  You then continued driving towards Kowloon. 

8.Another taxi driver saw you coming up behind his vehicle on the wrong side of the road at a speed of between 80 and 100 kilometres an hour.  He pulled over to one side to let you pass but you hit the off side rear of the taxi before you sped off again towards Kowloon.  It cost $15,000 to repair the taxi and the taxi driver was hospitalised for five days after suffering from a sprained neck and an injury to his waist.  Further down the road you struck the rear of a mini-cooper car driven by a lady who was driving in the direction of Kowloon before driving on in the lane for traffic travelling in the opposite direction. 

9.Later you overtook a Honda car at high speed and then cut in front of its path.  In doing so you collided with its off-side front bumper and off-side headlight.  The cost of repairing that vehicle was $5,000.  Further on you came up behind and ran into the rear bumper of a grey Estate car twice causing the driver temporarily to loose control and swerve to the left.  The cost of repairing that vehicle was also $5,000.  You then made a U Turn in the face of an oncoming goods vehicle which had to brake hard in order to avoid a collision and you then drove back in the direction of Sai Kung.  By this time the front and rear off side tyres of the vehicle you were driving had burst and so you stopped the vehicle and abandoned it.  The cost of subsequently repairing that vehicle was $40,000. 

10.While you were driving that vehicle you had no driving licence, Charge 10 and no insurance, Charge 11.  You then endeavoured to obtain another vehicle.  You first unsuccessfully tried to pull the driver of a stationary vehicle out of his taxi; you then went to the other side of the road and demanded that the lady driver of a car which had stopped at a traffic light get out of her vehicle.  She resisted and you dragged her forcibly out of her car and she fell to the ground.  That assault is the subject of Charge 12. You then took her vehicle without her consent.  That taking is the subject of Charge 13.

11.You then embarked on a second course of dangerous driving which is the subject of Charge 14.  You executed a U turn by crossing double white line and drove off towards Tai Mong Tsai.  You were seen driving on the wrong side of the road at a speed of approximately 100 km per hour.  Eventually the car you were driving appeared out of control.  It skidded into the pavement and crashed into the rear of a stationary goods vehicle. This caused your vehicle to come to a halt.  You were found unconscious in the car you had taken.  It is apparent from the photographs I have seen that that vehicle must have been a complete write-off.  The cost of repairing the goods vehicle was $48,000.  Once again, during this second course of dangerous driving, you had no licence, Charge 15 and no insurance, Charge 16.

12.It is extremely fortunate that no one was more seriously injured.  I’ve been told that you had to undergo an emergency operation as you had suffered a fracture of your pelvis and dislocation of three ribs.  You were hospitalised for a week.  Your counsel has informed me that you still require crutches to assist you in walking.  You have denied that you were under the influence of drink or drugs at the time and you  have offered no explanation for your conduct other than that the offences were committed on impulse. 

13.You have an appalling record of violence and dishonestly dating back to 1989.  You have also been convicted for possession of dangerous drugs.  This is not the first time you have committed the offence of taking a conveyance without authority.  Over the years you have been given a number of opportunities to reform by the passing of sentences of probation, drug addiction and treatment centre and a suspended sentence.  You did not take advantage of those opportunities and you have been sentenced to terms of imprisonment on a number of occasions.  I have called for psychological and psychiatric reports and a background report from the probation service.  You declined the offer by a probation officer of a social inquiry report which would have involved the probation service contacting your family. 

14.These reports give almost no grounds for optimism.  The view of the psychiatrist is that you are not suffering from any treatable mental illness.  The reporting psychologist considers that you are a high risk case when it comes to repeating offences of violence but comments:

“It is believed the psychological service focussing on his alcohol abuse problem, mood management and criminal attitude can be beneficial to him, though his motivation and readiness to change are impressed to be limited at this stage.”

15.In deciding the appropriate starting points for these offences the court is bound to have regard to your past record and the need to protect society from you.  In such circumstances I am satisfied that the appropriate starting point for each offence are as follows.  Charge 1, 1½ years’ imprisonment.  Charge 2, six months’ imprisonment.  Charge 3, 6 months’ imprisonment.  Charge 4, 6 months’ imprisonment.  Charge 5, 12 months’ imprisonment.  Charge 6, 3 months’ imprisonment.  Charge 7, 6 months’ imprisonment.  Charge 8, 2 years’ imprisonment.  Charge 9, 2 years’ imprisonment.  Charge 10, 3 months’ imprisonment.  Charge 11, 6 months’ imprisonment.  Charge 12, 6 months’ imprisonment.  Charge 13, 2 years’ imprisonment.  Charge 14, 18 months’ imprisonment.  Charge 15, 3 months’ imprisonment.  Charge 16, 6 months’ imprisonment. 

16.You have pleaded guilty and are therefore entitled to the usual discount of one-third.  I do not regard the fact that you, yourself, suffered injuries as a result of your behaviour as justifying any further reduction in sentence; you brought those injuries on yourself.

17.The most important decision for this court to take is to decide the appropriate overall sentence in this case.  You are clearly a danger to members of the public and the public needs to be protected from you.  For that reason I consider an overall sentence of 4 years’ imprisonment is appropriate which would reflect a notional starting point of 6 years’ imprisonment.  I therefore past sentence as follows. 

18.On Charge 1, 1 years’ imprisonment. 

19.On Charge 2, 4 months’ imprisonment, one month of which is to run consecutively to the sentence on the previous charge. 

20.Charge 3, 4 months’ imprisonment, one month of which is to run consecutive to the sentences on the previous charges.

21.Charge 4, 4 months’ imprisonment, one month of which is to run consecutively to the sentences on the previous charges. 

22.Charge 5, 8 months’ imprisonment, one month of which is to run consecutively to the sentences on the previous charge. 

23.Charge 6, 2 months’ imprisonment, one month of which is to run consecutively to the sentences on the previous charge.

24.Charge 7, 4 months’ imprisonment, one month of which is to run consecutively to the sentences on the previous charges. 

25.Charge 8, 16 months’ imprisonment, six months of which is to run consecutively to the sentences on the previous charge. 

26.Charge 9, 16 months’ imprisonment, 12 months of which is to run consecutively to the sentences on the previous charges. 

27.Charge 10, 2 months’ imprisonment, which are to run concurrently with the sentence on Charge 9 but consecutively to the sentences on the previous charges. 

28.Charge 11, 4 months’ imprisonment which are to run concurrently with the sentence on Charges 9 and 10 but consecutively to the sentences on the previous charges. 

29.Charge 12, 4 months’ imprisonment,  one month of which is to run consecutively to the sentences on the previous charges. 

30.Charge 13, 16 months’ imprisonment, 6 months of which is to run consecutively to the sentences on the previous charge. 

31.Charge 14, 12 months’ imprisonment, 5 months of which is to run consecutively to the sentences on the previous charges. 

32.Charge 15, 2 months’ imprisonment, one month of which is to run concurrently with the sentence on Charge 14 but consecutively to the sentences on the previous charges. 

33.Charge 16, 4 months’ imprisonment to run concurrently with the sentence on Charge 14 but consecutively to the sentences on the previous charges.

34.The overall sentence therefore that I am passing today is one of 4 years’ imprisonment. 

35.On each of Charges 9 and 14, the charges of dangerous driving, I order that you be disqualified from a driving licence for a period of 10 years.  On each of the Charges 11 and 16, that is, driving without insurance, I order that you be disqualified for three years.  All of the periods of disqualification are to run concurrently.