A HCCC 107/2023 A
[2025] HKCFI 1659
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 107 OF 2023
D ----------------- D
HKSAR
E E
v
F F
Cheung Ka-cheung
G ----------------- G
Before: Hon Andrew Chan J
H Date: 21 March 2025 at 10.06 am H
Present: Mr John Marray, on fiat, for HKSAR
I
Ms Cheng Suk-yee Flora leading Mr Ryan Tam, instructed I
by Cheng & Ng, assigned by DLA, for the accused
Offence: Wounding with intent (有意圖而傷人)
J J
---------------------------------
K Transcript of the Audio Recording K
of the Sentence in the above Case
---------------------------------
L L
COURT: The defendant pleaded guilty to one count of wounding
M with intent, contrary to section 17 of the Offences against M
the Person Ordinance, Cap 212.
N N
In the morning of 21 June 2021, the defendant had an
argument with the victim over money and remarry issue. The
O victim was the defendant’s ex-wife and that they divorced in O
2020. Despite their divorce, they continued to live in the
same public housing unit.
P P
The so-called remarry issue essentially concerned a
purported remarriage and separation thereafter and the
Q Q
possibility of the victim getting a separate public housing
unit.
R R
After the argument, the victim returned to her bedroom and
fell asleep. While she was sleeping, she was attacked by
S the defendant with both a knife and a chopper. The S
defendant shouted “I’m going to chop you to death” and
T
attacked the victim on her face, neck and hand. The victim T
struggled and managed to escape. She then ran out of the
building to a nearby housing estate.
U U
CRT23/21.3.2025/TB 1 HCCC 107/2023(1)/Sentence
V V
A The defendant chased after the victim. Eventually, the A
victim was saved by a security guard who stopped the
defendant from entering the building of the nearby housing
B estate. The victim was rushed to hospital for emergency B
operation.
C C
Injuries sustained by the victim are detailed in paragraph
11 to 13 of the Summary of Facts which I shall not repeat.
D She was discharged two days later from hospital. Follow up D
treatments were arranged and sick leave was granted from 21
June to 30 July 2021.
E E
During the incident, the defendant sustained some minor
injuries.
F F
The defendant is now 69, educated up to secondary school
G level in mainland China. Prior to his arrest, he worked as G
a security guard, he has no criminal record.
H There is no sentencing guideline for the offence of wounding H
with intent. Sentences imposed in the past are much case
I
and fact specific. The Court of Appeal, however, in the I
case of HKSAR v Chan Chun Tat [2013] 6 HKC 225 provided a
non-exhaustive list of factors to which a court have regard
J to in determining the gravity of the offence. Those factors J
include:
K (1) the extent to which the attack was premeditated; K
L (2) the reason underlying the attack; L
(3) the mental or emotional state of the attacker;
M M
(4) the type of weapons used;
N (5) the level of force or aggression and the N
persistence with which the attack was pressed on;
O and O
(6) the injuries caused to the victim.
P P
In the present case, the attack was not premeditated in our
normal criminal sense. The acrimony between the defendant
Q Q
and the victim however had been lasting for some time. The
reason for the attack was the idea that the two should
R remarry so as to beat the public housing policy to obtain R
another public housing unit. That idea had generated much
resentment to the defendant. All I can say is that both the
S request and the resentment are perfectly understandable in a S
crowded city of Hong Kong and that nothing sinister or evil
was involved in the present case.
T T
As to the weapons used, the defendant used a knife as well
U as a chopper, both are lethal weapons. The level of force U
CRT23/21.3.2025/TB 2 HCCC 107/2023(1)/Sentence
V V
A or aggression and the persistence was relentless. The A
defendant had chased the victim from their apartment all the
way to another housing estate, not till the security guard
B refused to open the gate. B
Insofar as the injuries are concerned, I accept that the
C C
injuries caused to the victim are not very serious in the
sense that they do not cause any permanent disabilities.
D The injuries, however, cause visible scars on the head and D
neck of the victim. I will place the present attack in the
serious category as reflected in the charge where the
E intention was doing grievous bodily harm to the victim. E
Mitigation letters from the defendant’s sister, cousin and
F F
daughter were produced on the last hearing, essentially,
they ask the court for leniency. They are of the view that
G the present incident was totally out of the defendant’s G
character. Such incident would unlikely reoccur in the
future. The daughter also praises her father in looking
H after her and showing love to her in the past. H
I
The present case bears a great deal of resemblance to the I
case of HKSAR v Lam Kwong Chau, HCCC 197/2017, which was
also one involving domestic violence between husband and
J wife. In the present case, the attack on the victim could J
not be described as not particularly vicious and could have
resulted in far more serious injuries to the victim, if not
K her death. K
L The attack in the present case was a sustained one and far L
more persistent. This factor, in my view, is a much more
serious aggravating factor. Given the similarities of the
M two cases, a starting point of 8 years and 6 months will M
also be adopted.
N The defendant’s plea to wounding with intent was tendered at N
the Magistracy level but was rejected by the Department of
O Justice at the time. As such, a full one-third discount O
will be given. Apart from his plea, there is nothing to
reduce the sentence further.
P P
For the sole offence of wounding with intent the defendant
stands convicted, he is therefore sentenced to 5 years and 8
Q Q
months’ imprisonment.
R R
I/we certify that to the best of my/our ability
and skill, the foregoing is a true transcript
of the audio recording of the above proceedings
S S
T T
.........................................
Bruce Jericho Fuellas Torres
Date: 28 March 2025
U U
CRT23/21.3.2025/TB 3 HCCC 107/2023(1)/Sentence
V V