HKSAR v. Yu Ka Ho

DCCC760/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 760 OF 2012

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Reasons for Sentence

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1.Yes, defendant, please stand up.

2.You pleaded guilty to one count of wounding with intent, contrary to section 17(a) of the Offences Against the Person Ordinance, Cap.212.

3.The particulars of the offence are that you and three others, with other persons unknown, wounded the victim of this case.

4.The injuries he sustained are very relevant to this offence, namely, multiple bruising and abrasion, as well as a CT scan showing a haemorrhage to the brain. There is no evidence that he suffered any lasting or permanent injury.

5.He did give evidence in this trial and what he has been left with is some obvious scars, in particular, one to the side of his face.

6.At the time of the offence, you were 14 years old and had a clear record.  Whilst you were on bail for this offence, you committed other offences and have been sentenced to two detention centre orders.

7.In the adjournment period, I called for the files from Fanling Magistracy and have seen the circumstances and the offences of those two detention centre orders, as well as I called for a detention centre and training centre suitability report.

8.The report shows you have come from a broken family and you left school at a very young age.  You have obviously got involved with the wrong crowd that have led you to dabble in drugs and commit offences.  Clearly, you have had no guidance or discipline from a young age and, as a result of that background, a detention centre was deemed suitable.

9.Since you have been serving this sentence, you have adjusted to an institutional life and a disciplinary environment.

10.Moreover, it seems your family have taken the trouble to visit you regularly and now offer their support, plus you have not been in breach of any disciplinary rules or regulations.

11.In other words, perhaps you are now maturing.

12.Hopefully, this will be the last time you appear in a court.  Hopefully, this detention centre order and the time you spend in the detention centre will be beneficial and give you insight into the influences of what happens if you hang out with the wrong crowd.

13.As a result of this report and the recommendation and your plea, as well as your young age, I am going to follow the recommendation of the report.

14.For this offence, I am going to sentence you to another detention centre order.

COURT: Do you understand?

A. Understand.