HKSAR v. Eagle Zachary E and Another

DCCC 202/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 202 OF 2015

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Reasons for Sentence

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Charge and facts

1.D1 and D2 plead guilty to a joint charge of assault occasioning actual bodily harm.  The case was originally due to be heard in Eastern Magistrates’ Courts[1].  The prosecution acceded to the defence’s request to have it transferred to the District Court to be sentenced by the same judge who is due to sentence them in a case of multiple burglaries[2]. 

Facts

2.At 7 p.m. on 23 May 2014, there was a trivial confrontation caused by unwelcome glares and bad languages between 2 teenage groups at the podium garden at Level 4 of International Finance Centre Mall in Central.  D1 in the first group was aggrieved and enlisted D2 to help ambush the victim in the second group at the entrance of the mall.  At 7:40 p.m., D1 assaulted the victim bare-handed whereas D2 hit him with a stick.  The victim sustained the following injuries:

(1) A 3 cm diameter bruised swelling at the right occiput area;

(2) A 2 cm diameter bruised swelling behind the right ear;

(3) A 1 cm diameter superficial abrasion on the right ear pinna.

3.CCTV footages captured the course of the assault.  D1 and D2 admitted the offence under caution.  D2 had the stick with him as he had to practise martial arts that day.  The police seized the stick in his home.  The victim later picked out D1 as one of the assailants in an identification parade.  

Mitigation

D1

4.At the time of the offences, D1 was 17 years and 7 months of age.  At the time of sentence, he is 18 years and 5 months of age.  Subsequent to this offence, he further committed 3 thefts and 7 burglaries in June 2014.  He was sentenced to a Detention Centre for the 3 thefts.  He had been released when he pleaded guilty before me in February 2015.  

5.A moment ago, I had just sentenced him to a Training Centre for the 7 burglaries[3]. 

6.I have to take a holistic view of his sentences in the 2 batches of cases before me.  The assault charge itself may warrant either a short-term institutional placement or imprisonment.  If both cases are to be consolidated and sentenced by me in one lot, I will make one single Training Centre order as it will be to the best interest of him and the community.  I now make a concurrent Training Centre order. 

D2

7.At the time of the present offence, D2 was 18 years and 1 month of age.  At the time of sentence, he is 18 years and 10 months of age.  He was found in possession of an offensive weapon, ie 2 daggers, in a public place on 21 March 2014.  He was then 17 years and 10 months of age.  He was sentenced to 14 days’ imprisonment on 9 December 2014. 

8.A moment ago, I had just sentenced him to 25 months’ imprisonment for 6 burglaries[4].  The assault here warrants a starting point of 6 months.  Given his plea of guilty, it shall be 4 months.  I consider that the 25 months imposed on him can already hammer home the message of deterrence for his overall wrongdoings.  I am not going to increase his sentence of 25 months by any length.  I order the 4 months here to be concurrent with his sentence for his 6 burglaries.