HKSAR v. Mendoza Evangelina Rueme

DCCC 16/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 16OF 2014

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Reasons for Sentence

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1.The defendant is charged with wounding with intent. The prosecution evidence alleges that whilst working as a domestic helper, she had pressed a cushion against her male employer’s face for a few minutes and later injured him with a chopper. He sustained multiple cuts on his head and right limb which took 33 stitches to fix up. Her plea is not guilty by insanity. I am satisfied with the evidence given by 2 psychiatrists on her trial that she was suffering from psychosis, probably schizophrenia at the time of the offence. As a result, I find her insane, so as not to be responsible according to law for her actions at the time the act was done. I have returned a verdict of not guilty by reason of insanity.

2.She is 46 years of age.  She is married and has a child.  She has been in Hong Kong for 4 years as a domestic helper as the incident took place.  She has a clear record. 

3.The 2 psychiatrists’ reports, which are obtained with a view to ascertaining the suitability of hospital order, suggest a period of inpatient psychiatric treatment for stabilization and treatment of her mental illness for her own safety and benefit and for the protection of other people.  A period of 3 months is recommended.  I understand that the actual release date may take longer than 3 months, being dependent on her mental condition by then.    

4.Defence counsel submits that the suggestion of the psychiatrists should be adopted.   I agree.  I hereby make an order under section 76(2) of the Criminal Procedure Ordinance (Cap. 221) that the defendant be admitted to the Correctional Services Department Psychiatric Centre (in accordance with Schedule 4 of thereof).  According to paragraph 2 of Schedule 4, this order shall have the same effect as an admission ordered under section 45 of the Mental Health Ordinance (Cap. 136).