HKSAR v. Bui Van Tuan

DCCC 1127/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1127 OF 2012

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Reasons for Sentence

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1.Defendant, I convicted you after trial of an offence of wounding with intent, contrary to section 17(a) of the Offences against the Person Ordinance.

2.On the evening of 16 March 2012 you met a friend of yours, the victim, PW1, at a Vietnamese restaurant to discuss matters relating to a debt you owed to the victim’s girlfriend.  After discussion and after some facilitation by PW2, you had arrived at a settlement on the repayment of the debt.  However, standing nearby was a group of about six to seven Chinese males.  One of those Chinese males first came over to you and the victim and angrily said, “What is there to discuss?”  That Chinese male then scolded and shouted at PW1 and pushed him.  As soon PW1 was pushed, the other Chinese males standing nearby went rushing towards the table.  Fearing for his safety, PW1 ran away but was chased after by you and the other six to seven Chinese males.  Whilst running away, the victim slipped and fell to the ground. You and the other group of Chinese males then caught up with him.  You then chopped him with a 12 inch long knife on his leg.  Thereafter he was assaulted with kicks and a chair.  The attack lasted for a few minutes and then you fled from the scene together with the other Chinese males.

3.The victim’s leg was so severely injured that he was unable to get up without assistance and was eventually admitted into hospital.  He had several operations and a fractured leg.  He was diagnosed to suffer from the following : - a 1 centimetre cut wound over his left frontal head region; a 4 centimetre deep cut wound over the left flank region; a 5 centimetre wound over his left lateral knee; a 3 centimetre superficial wound over the right anterior thigh; reduced sensation over the left lateral leg and foot dorsum and inability to dorsiflex the left foot; 6 centimetre left knee deep laceration over the fibular head region with underlying open fracture of the fibula neck; and a complete cut of the common personal nerve and fibular collateral ligament and posterolateral knee capsule.  I noted that when the victim attended court to give evidence he was still limping.

4.Defendant, your counsel, Mr Philip Chau, has mitigated fully and thoroughly on your behalf.  He has rightly pointed out that there is no tariff for this offence.  He has also pointed out various aggravating factors.

5.You are aged 42.  You are Vietnamese and sneaked into Hong Kong many years ago.  Initially you resided at the Pillar Point Refugee Camp.  You have 14 previous convictions, most of them related to dishonesty, one for common assault in 2005 and one of resisting arrest in 2009.  Mr Chau has explained that most of your offences for dishonesty were due to you satisfying your drug addiction and therefore you stole in order to sustain that addiction.

6.Mr Chau has properly conceded that the victim has suffered serious injuries and they were extensive.

7.Sentencing in this type of wounding case is very case-specific.  There is no tariff for this offence.  Generally, sentences are in the range of between 3 and 12 years’ imprisonment.

8.On the particular facts of this case, defendant, the assault on PW1 was entirely unprovoked.  It was entirely initiated by you and the other group of Chinese males.  You had attacked PW1 after he fell to the ground and he was unable to defend himself.  Over and above, the victim was unarmed.  You were the principal offender, the one with the knife. 

9.This was a pre-meditated attack on the victim as you had brought along a knife with you.  You had assaulted PW1 in the company of about six to seven others.  This was a group attack upon a lone victim. The attack on the victim continued despite PW1 being unable to defend himself. PW1 suffered serious injuries, as noted, and the assault was in a public place. 

10.The apparent reason for the assault was, it appears, that you were incensed by the victim chasing you for a debt which you owed his girlfriend.  Furthermore, he was a person whom you knew.

11.These facts alone are factors to which makes this case fall in the more serious category.

12.You have shown no remorse at all.  When the police arrested you, you immediately told them you did not chop PW1.

13.Defendant, for this offence given the above factors, I consider a sentence of 4 years’ imprisonment to be appropriate, and that is the term to which you shall be so sentenced.