A A
DCCC116/2010
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 116 OF 2010
C C
----------------------
D D
HKSAR
E v. E
Wong Tak-Ming
F F
----------------------
G G
Before: H H Judge Geiser
Date: 26 May 2010 at 10.20 am
H Present: Mr Alvin Chui, PP, of the Department of Justice, for H
HKSAR
Mr Kenneth Chik, instructed by Solomon C Chong & Co.,
I assigned by the Director of Legal Aid, for the I
Defendant
J Offence: (1) Wounding with intent （有意圖而傷人） J
(2) Possession of offensive weapons in a public place
（在公眾地方管有攻擊性武器）
K --------------------- K
L Reasons for Sentence L
---------------------
M M
1. Defendant, you have pleaded guilty to two charges, the
N first being an offence of wounding with intent, contrary to N
section 17(a) of the Offences against the Person Ordinance,
O Cap.212, Laws of Hong Kong, and the second, an offence of O
possession of offensive weapons in a public place, contrary to
P P
section 33(1) of the Public Order Ordinance, Cap.245, Laws of
Hong Kong.
Q Q
R 2. The brief facts which you have admitted indicate that R
in the early evening of 13 November last year, at the sitting-
S out area in Dundas Street in Mongkok, you took out a 40 S
centimetre long beef knife from the waistband of your trousers
T T
and attacked the victim, a 24 year old young man, by chopping
him on his right arm, and when PW1 tried to get away, you
U U
chopped him again on his back. As a result of this attack, PW1,
CRT26/26.5.2010/SL 1 DCCC116/2010/Sentence
V V
A A
the victim, suffered a 5-centimetre long chop wound on his right
arm and a 1-centimetre long abrasion wound to his back. These
B B
were the facts which gave rise to the first charge.
C C
3. Subsequently, on 17 November 2009, a party of police
D noticed you holding a green jacket and acting suspiciously. They D
therefore intercepted you and, upon a search, the three beef
E E
knives, being the subject matter of the second charge, were
found.
F F
G 4. You told the police that you had the weapons on you G
for the purposes of self-defence. You also admitted that you had
H some days beforehand chopped PW1, the victim of the first H
charge.
I I
5. You are 35 years of age and have a number of previous
J J
convictions, although it is right to say that this is your first
K
offence of violence. K
L 6. You have had problems with drug abuse in the past and, L
indeed, the psychiatric reports before the court indicate that
M you suffer from dissocial personality disorder, stimulant M
dependent syndrome, and drug-induced psychosis, although I
N N
stress that at the time of the offences there is no evidence
that you were under the influence of drugs.
O O
P 7. The first charge to which you have pleaded guilty is a P
very serious offence, the facts of which indicate that you, for
Q no apparent good reason and completely unprovoked, attacked the Q
victim on his arm and back.
R R
8. It is no thanks to you that fortunately the victim I
S S
am told has made a full recovery with a no sign of any permanent
T disability. T
U U
CRT26/26.5.2010/SL 2 DCCC116/2010/Sentence
V V
A A
9. Just to demonstrate what a potential danger to the
public you are, the second offence was committed four days
B B
afterwards when you were found in possession of the three beef
C knives. C
D 10. This sort of anti-social behaviour inevitably calls D
for a lengthy term of imprisonment, which would have been much
E E
longer had the victim suffered from more severe injuries.
F F
11. In sentencing you I take into account all that has
G been said on your behalf by way of mitigation. G
H 12. In relation to Charge 1, I adopt a starting point of H
3½ years’ imprisonment. This will be discounted by one-third to
I I
take account of your plea of guilty, coming to 28 months’
imprisonment on Charge 1.
J J
K
13. With regard to Charge 2, I adopt a starting point of K
12 months’ imprisonment, which I will similarly reduce by one-
L third to take account of your plea, coming to 8 months’ L
imprisonment on Charge 2.
M M
14. This sentence I order to run consecutively to the
N N
sentence that I have imposed on Charge 1, coming to an overall
sentence of 3 years’ imprisonment in all.
O O
P P
Q Q
H H Judge Geiser
R District Judge R
S S
T T
U U
CRT26/26.5.2010/SL 3 DCCC116/2010/Sentence
V V
A A
DCCC116/2010
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 116 OF 2010
C C
----------------------
D D
HKSAR
E v. E
Wong Tak-Ming
F F
----------------------
G G
Before: H H Judge Geiser
Date: 26 May 2010 at 10.20 am
H Present: Mr Alvin Chui, PP, of the Department of Justice, for H
HKSAR
Mr Kenneth Chik, instructed by Solomon C Chong & Co.,
I assigned by the Director of Legal Aid, for the I
Defendant
J Offence: (1) Wounding with intent （有意圖而傷人） J
(2) Possession of offensive weapons in a public place
（在公眾地方管有攻擊性武器）
K --------------------- K
L Reasons for Sentence L
---------------------
M M
1. Defendant, you have pleaded guilty to two charges, the
N first being an offence of wounding with intent, contrary to N
section 17(a) of the Offences against the Person Ordinance,
O Cap.212, Laws of Hong Kong, and the second, an offence of O
possession of offensive weapons in a public place, contrary to
P P
section 33(1) of the Public Order Ordinance, Cap.245, Laws of
Hong Kong.
Q Q
R 2. The brief facts which you have admitted indicate that R
in the early evening of 13 November last year, at the sitting-
S out area in Dundas Street in Mongkok, you took out a 40 S
centimetre long beef knife from the waistband of your trousers
T T
and attacked the victim, a 24 year old young man, by chopping
him on his right arm, and when PW1 tried to get away, you
U U
chopped him again on his back. As a result of this attack, PW1,
CRT26/26.5.2010/SL 1 DCCC116/2010/Sentence
V V
A A
the victim, suffered a 5-centimetre long chop wound on his right
arm and a 1-centimetre long abrasion wound to his back. These
B B
were the facts which gave rise to the first charge.
C C
3. Subsequently, on 17 November 2009, a party of police
D noticed you holding a green jacket and acting suspiciously. They D
therefore intercepted you and, upon a search, the three beef
E E
knives, being the subject matter of the second charge, were
found.
F F
G 4. You told the police that you had the weapons on you G
for the purposes of self-defence. You also admitted that you had
H some days beforehand chopped PW1, the victim of the first H
charge.
I I
5. You are 35 years of age and have a number of previous
J J
convictions, although it is right to say that this is your first
K
offence of violence. K
L 6. You have had problems with drug abuse in the past and, L
indeed, the psychiatric reports before the court indicate that
M you suffer from dissocial personality disorder, stimulant M
dependent syndrome, and drug-induced psychosis, although I
N N
stress that at the time of the offences there is no evidence
that you were under the influence of drugs.
O O
P 7. The first charge to which you have pleaded guilty is a P
very serious offence, the facts of which indicate that you, for
Q no apparent good reason and completely unprovoked, attacked the Q
victim on his arm and back.
R R
8. It is no thanks to you that fortunately the victim I
S S
am told has made a full recovery with a no sign of any permanent
T disability. T
U U
CRT26/26.5.2010/SL 2 DCCC116/2010/Sentence
V V
A A
9. Just to demonstrate what a potential danger to the
public you are, the second offence was committed four days
B B
afterwards when you were found in possession of the three beef
C knives. C
D 10. This sort of anti-social behaviour inevitably calls D
for a lengthy term of imprisonment, which would have been much
E E
longer had the victim suffered from more severe injuries.
F F
11. In sentencing you I take into account all that has
G been said on your behalf by way of mitigation. G
H 12. In relation to Charge 1, I adopt a starting point of H
3½ years’ imprisonment. This will be discounted by one-third to
I I
take account of your plea of guilty, coming to 28 months’
imprisonment on Charge 1.
J J
K
13. With regard to Charge 2, I adopt a starting point of K
12 months’ imprisonment, which I will similarly reduce by one-
L third to take account of your plea, coming to 8 months’ L
imprisonment on Charge 2.
M M
14. This sentence I order to run consecutively to the
N N
sentence that I have imposed on Charge 1, coming to an overall
sentence of 3 years’ imprisonment in all.
O O
P P
Q Q
H H Judge Geiser
R District Judge R
S S
T T
U U
CRT26/26.5.2010/SL 3 DCCC116/2010/Sentence
V V