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DCCC 1423/2024
C [2025] HKDC 1785 C
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IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1423 OF 2024
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HKSAR
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v
I AMIT (D1) I
RANBIR SINGH (D2)
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Before: His Honour Judge J Lam
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Date: 16 October 2025
M Present: Mr Trevor Beel, Counsel on fiat, for HKSAR M
Ms Anna Y H Ho, instructed by Eddie Lee & Company,
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assigned by the Director of Legal Aid, for the 1st defendant
O Mr William G Allan, instructed by Mohnani & Associates, for O
the 2nd defendant
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Offence: [1] Attempt to inflict grievous bodily harm（企圖對他人身
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體加以嚴重傷害）（against both defendants）
R [2] Assaulting a police officer in the due execution of his duty R
（襲擊在正當執行職務的警務人員）（against D2 only）
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C REASONS FOR SENTENCE C
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E Charges E
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1. There are five defendants (D1 to D5) and three charges. D3,
G D4 and D5 face Charge 3. Prosecution withdraws that charge from those G
three defendants.
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I 2. D1 and D2 plead guilty to the amended Charge 1, attempt to I
inflict grievous bodily harm. The other charge, Charge 2, assaulting a
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police officer in the due execution of his duty is against D2 only. That
K charge is withdrawn now. K
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Facts
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3. At about 2337 hours on 4 April 2024, Mr Palwinder Singh
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(Palwinder) made a report to the police that he had been assaulted earlier
O that evening. As a result, police came to make enquiry with Palwinder in O
Marsh Street, Hung Hom.
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Q 4. At about 0037 hours on 5 April 2024, while DPC24940 was Q
making enquiries with regard to the report made by Palwinder, a group of
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four men including D1 and D2 appeared. Some were carrying stick-like
S objects and rushed towards Palwinder, who was standing near the junction S
of Marsh Road and Wuhu Street. Palwinder fled and entered a restaurant
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nearby. D2 threw his hockey stick at Palwinder before Palwinder entered
C the restaurant. The hockey stick failed to hit Palwinder. C
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5. When Palwinder was entering the restaurant, he was closely
E followed by D1. D1 was carrying a baseball bat and he attempted to hit E
Palwinder with that. At that time, a group of police officers were inside
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the restaurant reviewing CCTV in relation to Palwinder’s earlier report.
G The police officers subdued D1 and arrested him. G
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6. Outside the restaurant, D2 picked up the hockey stick he had
I thrown at Palwinder earlier. He was intercepted by the police officers I
before he could enter the restaurant. He was arrested.
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K 7. CCTV from inside and outside the restaurant captured the K
incident.
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M 8. In court, both D1 and D2 accept that at the material time they M
attempted to inflict grievous bodily harm on Palwinder.
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O Record O
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9. Both defendants came from India. In Hong Kong, they are
Q Form 8 recognizance holders. Both are aged 28 now. Both have no Q
previous convictions.
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Mitigation
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D1
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E 10. Counsel says D1 came from India. He arrived in Hong Kong E
in 2016 to seek refuge. He is asking for judicial review of the Torture
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Claims Appeal Board decision. But his father is sick recently in India, he
G wants to go back to look after the old man so he will give up his appeal. G
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11. Counsel says D1 has no previous conviction. He pleads guilty
I finally. Counsel also says in this case there was no injury caused to anyone. I
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12. Counsel says D1 has been remanded in custody for a total of
K eight months. She asked the court to impose a lenient sentence on D1. K
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D2
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13. Counsel says D2 also came from India. He arrived in Hong
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Kong in 2020. He is a Form 8 recognizance holder here.
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14. Counsel says D2’s father also became ill in India recently and
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D2 wants to go back there to see the old man. Counsel asks the court to
Q impose a lenient sentence on D2 so that he can leave Hong Kong as soon Q
as possible.
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S 15. Counsel says D2 has a clear record in Hong Kong and he S
pleads guilty to Charge 1, which has now been amended to a lesser one,
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only attempt to inflict grievous bodily harm under section 19 of the
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Offences Against the Person Ordinance. Counsel says D2 is remorseful.
C He asks the court to impose a lenient sentence on D2. Counsel mentions C
the fact that D2 has been in custody for also eight months.
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E 16. Counsel mentions a case HCMA 996/1986 The Queen v Vu E
Van Tien. There, an inmate in Hei Ling Chau picked up an iron bar to
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attack a fellow prisoner. The injured person suffered a laceration wound
G and some scratch marks. The magistrate imposed a 9-month sentence upon G
the defendant’s plea. The defendant appealed against that sentence. The
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Chief Justice then heard the appeal and said that the magistrate had
I imposed a perfectly proper sentence. He dismissed the appeal. I
Apparently, counsel asks me to consider a short sentence as imposed in
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that HCMA case.
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Sentence
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M 17. Attempt to inflict grievous bodily harm, even under section M
19 of the Offences Against the Persons Ordinance, is still a serious crime.
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The maximum penalty is 3 years’ imprisonment. Such offence has no
O tariff. The HCMA case referred to by counsel for D2 is not significant. It O
is just an individual case. The sentence and appeal were decided on their
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own facts. The right principle of sentence is to decide the right sentence
Q on the facts of the case. Q
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18. The present case is a serious one. Both defendants were part
S of a group of four armed assailants. They tried to hurt Palwinder with S
mighty objects like a long hockey stick and heavy baseball bat. Those
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weapons could cause serious harm. Fortunately, Palwinder was not hurt
C because there were police officers at the scene to thwart the attack. C
19. No doubt the offence was premeditated.
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E 20. In sentencing, the intent to harm the victim is of primary E
importance. Whether the unlawful intent was realised is only of secondary
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significance. As said, Palwinder was not hurt just because there were
G police officers there to intervene. G
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21. Both defendants have clear record. But clear record does not
I count much in a serious case like this. I
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22. There is really not much mitigation counsel can put forward
K for the defendants except for the fact that the two eventually plead guilty, K
just before the trial was to begin. Although Charge 1 was amended to a
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lesser one and then the two defendants plead guilty, they had not indicated
M any plea to anything earlier. They are therefore entitled to a mere 20 per M
cent discount.
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O 23. Both defendants are Form 8 recognizance holders. O
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24. In paragraph 33 of HKSAR v Butt Muhammad Gulzar CACC
Q 205/2019, the Court of Appeal says “The enhancement for being a Form 8 Q
recognizance holder must be substantial otherwise it has no deterrent value.
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On many occasions this court has said that the amount of enhancement
S should be left to the discretion of sentencers but that it will lose its deterrent S
value in respect of serious criminal conduct if it is less than 6 months.”
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And in paragraph 39 of the same case, the court further says
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“...proportionality must give way to the need for meaningful deterrence.
C The primary goal of the enhancement for the Form 8 status is denunciation C
and deterrence through severe punishment. If this at times results in
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disproportion between the amount of enhancement and the head sentence
E to which it is added, then so be it. Courts cannot allow the importance of E
the message being sent by the sentences they impose to be undermined or
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diluted by arguments based on percentages or disproportion.”
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25. In each of D1’s and D2’s case, I shall adopt 21 months’
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imprisonment as the starting point before enhancement. The Form 8
I enhancement is 6 months for each of them. The final starting point is 27 I
months’ imprisonment. After 20 per cent discount for their plea before
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trial, each is to be imprisoned for 21 months and 2 weeks.
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( J Lam )
District Judge
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