HKSAR v. Fok Lap Yin, Ian Lee Christoffer and Another
Read the full judgment text of HCCC 439/2013 on BabelCite. This High Court CFI judgment was delivered on 28 August 2014.
Cited by 1 case
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HCCC 439/2013 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CRIMINAL CASE NO 439 OF 2013 -----------------
--------------------------------- Transcript of the Audio Recording of the Sentence in the above Case
COURT: Stand up, please. You both stand convicted of murder. In your case, Fok Lap‑yin, by the verdict of the jury. In your case, Chan Ming-tin, by your own plea. The sentence for murder is fixed by law. Accordingly, I sentence you both to life imprisonment on Count 1 of the indictment. Fok Lap-yin, you also stand convicted by the jury of attempted murder. Although it was not your hand that directly struck at your mother, there is no doubt that you planned and sought her death and you held her whilst your accomplice attempted to kill her by stabbing her with a knife. I judge that it was chance that she survived. In those circumstances, the sentence will be one of 20 years’ imprisonment on Count 2. Your counsel asked me to adjourn for a further psychiatric report. I do not need one. The jury, by their verdict of murder on Count 1, clearly rejected the opinion of your psychiatrist, Dr Yu. They rejected the claim that your responsibility for your crime should be diminished. I know enough that I need to know about your mental state to sentence you on Count 2, from the report of Dr Chiao. Chan Ming-tin, because your sentence was fixed by law, I cannot reflect in it any credit for your plea of guilty to murder. Your eventual release date lies in the hands of others. It will be up to them to reflect your plea in their decisions, if they think it right. Your counsel has claimed on your behalf remorse. I have no reason to think that that claim is other than well-founded. You can both go down. | |||||||||||||||||||||||||||
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