A A
DCCC1316/2011
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1316 OF 2011
C C
----------------------
D D
HKSAR
E v. E
Moussard Laurent
F F
----------------------
G G
Before: H H Judge Browne
Date: 26 April 2012 at 10.07 am
H Present: Ms Jennifer Fok, PP, of the Department of Justice, for H
HKSAR
Mr Graham Harris, leading Ms Shirley Hung, instructed
I by Or & Partners, for the Defendant I
Offence: (1) Assault occasioning actual bodily harm (襲擊他人致
J 造成身體傷害) J
(2) & (3) Criminal intimidation (刑事恐嚇)
K
(4) Possession of arms without a licence (無牌管有槍械) K
(5) Possession of prohibited weapons (管有違禁武器)
(6) Possession of an imitation firearm (管有仿製火器)
L L
M --------------------- M
Reasons for Sentence
N N
---------------------
O O
1. The defendant in this case pleaded guilty to charges
P of assault occasioning actual bodily harm, possession of a stun P
gun and possession of a knuckleduster with a metal blade and two
Q Q
stalls. Two charges of criminal intimidation and a charge
relating to the defendant’s alleged possession of an imitation
R R
firearm, namely, an air pistol, were ordered to be left on the
S court file not to be proceeded with without the leave of the S
Court of Appeal.
T T
2. The victim of the assault was referred to throughout
U U
the proceedings as a Miss X.
CRT36/26.4.2012/LT 1 DCCC1316/2011/Sentence
V V
A A
3. The facts admitted by the defendant disclose that in
B B
2005 Miss X, who was then aged 21, worked in a catering company
C where she came to know the defendant. Miss X was a subordinate C
of the defendant at the time. In 2008 the two developed an
D intimate relationship. Later PW1, Miss X, and the defendant D
resigned from the company and worked together in another
E E
company. Sometime in 2010 Miss X left the company and no longer
worked together with the defendant and since that time they have
F F
spent less time together as the defendant usually worked in
G Guangzhou. In May 2011, Miss X told the defendant she wanted to G
break up with him. However, the defendant tried repeatedly to
H get back together with her, but in vain. H
I I
4. At around 1715 hours on 15 September 2011, the
defendant arrived in Hong Kong via the Lo Wu Control Point. In
J J
the evening of 15 September he checked into Room 2344 at the
K
Panda Hotel in Tsuen Wan. K
L 5. At around 0805 hours on the morning of 16 September L
2011, the defendant alone entered the lift lobby of Miss X’s
M residence. At that time the defendant was in possession of an M
electric stun gun, which was referred to as Exhibit P1, and a
N N
knuckleduster with two stalls, which has been referred to as P2.
These items were carried with him in a black backpack, which was
O O
referred to as Exhibit P3.
P P
6. At around 8.15 on 16 September, the victim, Miss X,
Q was alone in her residence and getting ready to go to work. As Q
she was about to leave her home she found the defendant suddenly
R R
appearing and standing at her front door. At that time the
defendant was carrying the black rucksack with him. He shoved
S S
Miss X back into her flat, making the victim fall down and it
T resulted in injuries to her head, shoulder, wrist and finger. T
The defendant entered the flat and closed the door. The
U defendant threatened the victim to get back together with him U
CRT36/26.4.2012/LT 2 DCCC1316/2011/Sentence
V V
A A
and told Miss X to make a decision and to go to the Panda Hotel
in Tsuen Wan with him. The victim felt very frightened. Miss X
B B
told the defendant that she had a very important work commitment
C that morning at about 10 am and that if she was absent, her C
colleagues would look for her. After hearing this, the defendant
D accompanied Miss X to take a taxi to her place of work. They D
left Miss X’s residence at around 0915 hours on the same day.
E E
7. Miss X and the defendant boarded a taxi. Inside the
F F
taxi the defendant took out Exhibit P2, this is the
G knuckleduster with the two stalls, from his trouser pocket and G
brandished it between his right thigh and the victim’s left
H thigh. The defendant urged, Miss X, to get back together with H
him and give him an answer. Miss X felt very frightened and told
I I
the defendant that she needed more time to consider. At around
0955 hours the taxi arrived at Miss X’s place of work and the
J J
defendant told Miss X that he would pick her up at 1800 hours.
K
Miss X made a police report as soon as she got back to her K
office and the police received this at 1058 hours.
L L
8. The victim was later medically examined at 2.13 on
M 16 September at the hospital and was discharged the same day. M
Medical findings were that she had abrasions over her left hand;
N N
she had a bruise over her left shoulder and right wrist; and
bruise, swelling and tenderness over the left middle finger.
O O
P 9. The taxi driver who had driven the couple from the P
home of Miss X to her place of work recalled picking up a young
Q Chinese female with a middle-aged foreigner on the morning of Q
16 September at around 9 am. The taxi driver recalled that the
R R
female was tearful and that the foreigner spoke to the female in
a low voice. The taxi driver said he did not understand English.
S S
T Charges 4 and 5 T
10. At around 1537 hours on 16 September, the defendant
U was arrested by officers in his room at the hotel. A search was U
CRT36/26.4.2012/LT 3 DCCC1316/2011/Sentence
V V
A A
conducted in his room and the following items were found. From
the black backpack, P3, which was placed on the sofa, the two
B B
items, P1 and P2; and also a knuckleduster with four finger-
C stalls; a Switzerland military multipurpose knife; a paper C
cutter; 31 plastic strips; a black folding razor; two rolls of
D adhesive tape; two packets of cigarettes; some medications; and D
a Vertu mobile phone.
E E
11. From a suitcase which was found inside the defendant’s
F F
room the police recovered an air gun with magazine; a mobile
G phone; a digital camcorder; and from a cabinet they found a G
compressed gas bottle; a packet of propel plastic pellets; and a
H Blackberry mobile phone. H
I I
12. A cable for charging P1 and an iphone were also
located inside the defendant’s room.
J J
K
13. At 1622 hours, the defendant was cautioned for K
possession of P1, P4 and the Switzerland military multipurpose
L knife, the cutter, the air gun and the black folding razor. L
Under caution he said, “I understand what you say. Those items
M belong to me. I use them for self-defence and to protect M
myself.”
N N
14. P2 and P4 were subsequently sent to the Police
O O
Forensic Firearms Examination Bureau for examination. The weapon
P expert confirmed that P2 is a flat steel plate with two finger P
stalls and a curved blade on one side. It was designed to fit in
Q the palm with a clenched fist and the blade can protrude on Q
either side of the hand. P4 is a palm-sized knuckleduster made
R R
of solid steel. It comprises four finger stalls that are rigidly
connected to a base and curved bar. It is designed to be held in
S S
a clenched fist. It weighed about 2 ounces with black enamel
T finish and a padded palm bar. T
U U
CRT36/26.4.2012/LT 4 DCCC1316/2011/Sentence
V V
A A
15. P2 and P4 are knuckledusters and are prohibited
weapons as defined under the Weapons Ordinance, Cap.217.
B B
C 16. P1, which is a stun gun, was sent to the Police C
Telecommunications Inspector for examination. On 19 September,
D the initial function test was conducted on P1 and it was found D
to be functioning properly. A detailed function test was carried
E E
out a few days later after it had been charged for 5 hours. It
was confirmed that P1 was a stunning device capable of
F F
generating peak-to-peak pulsating voltage of 358.3 kilovolts
G when loaded with human body-like resistance. It was capable of G
generating 10,714 high voltage pulses continuously in 3 seconds
H duration. H
I I
17. The defendant was subsequently identified at an
identification parade conducted on 26 September.
J J
K
18. At the material times, the defendant did not have a K
licence for possession of any of the arms or a dealer’s licence,
L therefore, nor was he exempted from such. L
M 19. The defendant is 42 years of age and has a clear M
record. Very extensive and persuasive mitigation was submitted
N N
by counsel acting on behalf of the defendant. It was urged upon
the court that this was, although a serious matter, it was
O O
completely out of character for this defendant to be involved in
P an offence of this type. P
Q 20. Counsel submitted that this was a most unusual case. Q
He said that it had all the hallmarks of a television drama.
R R
Counsel described the defendant as being a man approaching
middle-age, happily married, successful in his career, who fell
S S
in love with a beautiful young woman to the extent that it
T became an obsession. T
U U
CRT36/26.4.2012/LT 5 DCCC1316/2011/Sentence
V V
A A
21. Counsel said that the relationship, which last for
2 years from 2009 to 2011, was intense, it was impetuous and
B B
passionate. Counsel said that in May 2011, Miss X wished to end
C the relationship and the defendant had enormous difficulty C
accepting this. Counsel said by that stage the defendant was
D suffering from clinical depression. In August 2011, he consulted D
a Dr Fong, who diagnosed that the defendant was suffering from
E E
severe depression and prescribed a short course of anti-
depressant tablets which were found in his hotel room when the
F F
police raided his room. Dr Fong again saw the defendant in
G February 2012 and noted that his condition had improved G
significantly and was in the range of normal.
H H
The events of 16 September
I I
22. Counsel said that this was an act of desperation. The
defendant came to Hong Kong on the evening of 15 September 2011
J J
in a last bid to try and persuade Miss X to return to him.
K
Counsel said that the defendant had no intention of harming K
Miss X but he had become so desperate that he decided to harm
L himself if he was unable to persuade her to return to him. L
M 23. The defendant accepted that when he entered Miss X’s M
home he pushed her rather than hit or slapped her but she
N N
tripped over a rubbish bin and fell to the ground causing the
relatively minor injuries referred to in the Summary of Facts.
O O
P 24. Counsel said that Miss X told the defendant that she P
had an urgent commitment at her office and needed to be there by
Q 10 am. Counsel said that whilst they were sitting in the taxi on Q
the way to her office he did produce P2, a knuckleduster with
R R
two stalls. He said that he held this in his right hand between
them but the blade attached was pointing towards the defendant
S S
to demonstrate his desperation and also the indication that if
T she refused to return to him he would harm himself. T
U U
CRT36/26.4.2012/LT 6 DCCC1316/2011/Sentence
V V
A A
25. Counsel produced a transcript of a conversation
between the defendant and Miss X which took place on 2 September
B B
2011, this was marked D4 in the exhibits produced by the
C defence, and he also produced various SMS messages in which the C
defendant stated that he would commit suicide if Miss X refused
D to resume their relationship. D
E E
26. Counsel for the defendant said that at the time of
leaving the taxi Miss X phoned him, leaving her new mobile phone
F F
number on his phone. Counsel said that this indicated the
G strange nature of their relationship. Counsel also pointed out G
that after Miss X got out of the taxi to go to her office she
H took more than an hour to decide to ring the police. Counsel H
said this also demonstrated the ups and downs of this strange
I I
relationship.
J J
27. It was confirmed by the police that the telephone call
K
was made whilst they were in the taxi and that a mobile phone K
which had been supplied by her employer was used for that
L purpose. L
M Possession of the weapons M
28. Counsel said that the defendant was a victim of an
N N
attack in a club in Guangzhou. This was confirmed by a statement
from a business colleague whose statement was produced as
O O
defence Exhibit D5. Counsel said that the defendant was later
P the victim of a robbery on the Mainland and thereafter he became P
increasingly vigilant about his personal safety. He said that
Q when travelling in Bangkok with Miss X they had noticed that Q
stun guns were freely available for sale, and after discussion
R R
with Miss X, he decided to buy one for his self-defence on the
Mainland. Counsel said that the defendant did not realise it was
S S
a serious offence in Hong Kong as such items were freely
T available in the rest of Asia. T
U U
CRT36/26.4.2012/LT 7 DCCC1316/2011/Sentence
V V
A A
29. Counsel said that the knuckleduster, P4, was a free
gift with P1, and he pointed out that the larger knuckleduster
B B
was not in his possession when he met Miss X; it was recovered
C from his room when it was raided by the police. C
D 30. Counsel said that in relation to the smaller D
knuckleduster, P2, which was in his possession and which he
E E
produced whilst on board the taxi, that this was purchased in
Hong Kong and is freely available here. He produced the business
F F
card of a local shop that sells them as defence Exhibit D3.
G G
Background of the defendant
H 31. Counsel said that the defendant was born in Versailles H
in 1970, he is married with twin daughters aged 4 who live with
I I
his wife in Macau. He has an elder sister, his father was a
headmaster of a school and his mother was a teacher. He said
J J
they were a closely-knit family. His father was in the public
K
gallery at the hearing of this case and I was told by counsel K
that his mother was too upset to attend the proceedings. Counsel
L said that his elder sister lives and works in Paris for an L
international charitable organisation assisting unfortunate
M children. M
N N
32. The defendant graduated in business studies from a top
French business school. The defendant completed his National
O O
Service in 1995 and since then has been involved in the business
P of airline catering at various levels of seniority and in P
various locations. It was in Macau that he met his wife in 1997
Q and they travelled together. The defendant more recently worked Q
in Hong Kong at a senior level and it was whilst working here
R R
that he met Miss X. After they met, he worked for a company on
the Mainland.
S S
T 33. An extremely complimentary letter was provided by his T
employer and produced as D7. The letter refers to the
U defendant’s integrity and dedication. Counsel stated that his U
CRT36/26.4.2012/LT 8 DCCC1316/2011/Sentence
V V
A A
employers would continue to employ him after he has completed
any sentence that might be imposed by this court.
B B
C 34. A character reference was given by a partner of a C
local law firm which had acted for a company for whom the
D defendant worked. In this letter, the author said he was D
surprised to learn of the defendant’s arrest and stated that he
E E
found him to be a person of integrity and a person with a very
bright future.
F F
G 35. A character reference was supplied by a French priest G
who acted as the defendant’s godfather. The letter spoke highly
H of the defendant and his achievements, and a letter of support H
from Father Mellor was also produced.
I I
36. Counsel said that the defendant has been assisting in
J J
teaching French at a school set up by Father Mellor for children
K
of Hong Kong citizens born on the Mainland. Father Mellor states K
that the defendant has been generous with his time and kind to
L the children. L
M 37. A letter was also produced from the defendant M
expressing his deep remorse for what he had done and for the
N N
hurt and anxiety which he had caused his family. Counsel said
that the defendant has now put Miss X firmly behind him and
O O
kindles the hope of getting back together with his wife and
P children. P
Q 38. As counsel quite correctly says, there is no tariff Q
for any of the offences to which the defendant has pleaded
R R
guilty. For persons found in possession of a stun gun
imprisonment is the norm. In this case there was no triad or
S S
gangland background to the offences.
T T
39. I noted that the defendant claimed that the stun gun
U and knuckleduster were for self-defence because of incidents on U
CRT36/26.4.2012/LT 9 DCCC1316/2011/Sentence
V V
A A
the Mainland. They were, however, recovered from a black
rucksack which the defendant had taken with him to the home of
B B
Miss X. He had checked into the Panda Hotel the night before the
C offences and at his hotel room there was a suitcase in which the C
police found an air gun and magazine. One of the knuckledusters
D was produced by the defendant whilst he was in the taxi with D
Miss X, albeit he claimed it was produced not to frighten her
E E
but to demonstrate his intention to harm himself. Miss X was,
however, very frightened when the defendant produced the
F F
knuckleduster.
G G
40. I accept what has been placed before the court in
H mitigation, that at the time of the offences the defendant was H
in a highly agitated state and seemed obsessed with re-
I I
establishing his relationship with Miss X. I read and listened
to the recording of his conversation with Miss X on 2 September
J J
2011, Exhibit D4. In a long rambling exchange he said on a
K
number of occasions that he would commit suicide if she did not K
return to him. There was also reference to an incident in Suzhou
L which she claimed involved violence. L
M 41. I was sure that Miss X was extremely frightened about M
what occurred. She was confronted by the defendant standing at
N N
her front door. He shoved her back into the flat causing her to
fall and she sustained minor injuries from the fall. When at her
O O
home the defendant threatened Miss X and told her to get back
P together with him and to go to the Panda Hotel with him. Miss X P
said she felt very frightened.
Q Q
42. At that time I took the view that the defendant was
R R
not acting rationally and was in possession of the stun gun and
a knuckleduster. He also produced this knuckleduster in the
S S
taxi. I take into account what has been said in mitigation, that
T this was to demonstrate an intention to harm himself. T
U U
CRT36/26.4.2012/LT 10 DCCC1316/2011/Sentence
V V
A A
43. I took into account the contents of the psychiatric
report which was prepared. This repeated much of what was said
B B
by counsel on behalf of the defendant in mitigation. The report
C said that the defendant is suffering from no psychotic feature, C
was calm and co-operative when interviewed.
D D
44. In arriving at appropriate sentences, I took into
E E
account not only that the defendant pleaded guilty but also that
he spared Miss X the embarrassment of having to give evidence of
F F
a very personal nature about her affair with the defendant, and
G I also took into account the question of totality. I took into G
account that the defendant has spent some time in custody and
H that has been a salutary lesson for him. H
I I
45. Taking into account all the circumstances, in respect
of Charge 1 I take a starting point of 3 months’ imprisonment
J J
and reduce that to 2 months to reflect the defendant’s guilty
K
plea. K
L 46. For the possession of the stun gun, I noted that it L
was capable of generating peak-to-peak pulsating voltage of
M 358.3 kilovolts when loaded with human body-like resistance, it M
was capable of generating 10,714 high voltage pulses
N N
continuously in 3 seconds duration. I take a starting point of
15 months’ imprisonment for that offence and reduce that
O O
sentence by one-third to reflect the guilty plea.
P P
47. In respect of Charge 5, possession of the
Q knuckleduster, I take a starting point of 9 months’ imprisonment Q
and reduce that to 6 months to reflect his guilty plea.
R R
48. I order that all the sentences shall run concurrently
S S
and the defendant will therefore go to prison for a period of
T 10 months. T
U U
CRT36/26.4.2012/LT 11 DCCC1316/2011/Sentence
V V
A A
Browne
District Judge
B B
C C
D D
E E
F F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT36/26.4.2012/LT 12 DCCC1316/2011/Sentence
V V
A A
DCCC1316/2011
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1316 OF 2011
C C
----------------------
D D
HKSAR
E v. E
Moussard Laurent
F F
----------------------
G G
Before: H H Judge Browne
Date: 26 April 2012 at 10.07 am
H Present: Ms Jennifer Fok, PP, of the Department of Justice, for H
HKSAR
Mr Graham Harris, leading Ms Shirley Hung, instructed
I by Or & Partners, for the Defendant I
Offence: (1) Assault occasioning actual bodily harm (襲擊他人致
J 造成身體傷害) J
(2) & (3) Criminal intimidation (刑事恐嚇)
K
(4) Possession of arms without a licence (無牌管有槍械) K
(5) Possession of prohibited weapons (管有違禁武器)
(6) Possession of an imitation firearm (管有仿製火器)
L L
M --------------------- M
Reasons for Sentence
N N
---------------------
O O
1. The defendant in this case pleaded guilty to charges
P of assault occasioning actual bodily harm, possession of a stun P
gun and possession of a knuckleduster with a metal blade and two
Q Q
stalls. Two charges of criminal intimidation and a charge
relating to the defendant’s alleged possession of an imitation
R R
firearm, namely, an air pistol, were ordered to be left on the
S court file not to be proceeded with without the leave of the S
Court of Appeal.
T T
2. The victim of the assault was referred to throughout
U U
the proceedings as a Miss X.
CRT36/26.4.2012/LT 1 DCCC1316/2011/Sentence
V V
A A
3. The facts admitted by the defendant disclose that in
B B
2005 Miss X, who was then aged 21, worked in a catering company
C where she came to know the defendant. Miss X was a subordinate C
of the defendant at the time. In 2008 the two developed an
D intimate relationship. Later PW1, Miss X, and the defendant D
resigned from the company and worked together in another
E E
company. Sometime in 2010 Miss X left the company and no longer
worked together with the defendant and since that time they have
F F
spent less time together as the defendant usually worked in
G Guangzhou. In May 2011, Miss X told the defendant she wanted to G
break up with him. However, the defendant tried repeatedly to
H get back together with her, but in vain. H
I I
4. At around 1715 hours on 15 September 2011, the
defendant arrived in Hong Kong via the Lo Wu Control Point. In
J J
the evening of 15 September he checked into Room 2344 at the
K
Panda Hotel in Tsuen Wan. K
L 5. At around 0805 hours on the morning of 16 September L
2011, the defendant alone entered the lift lobby of Miss X’s
M residence. At that time the defendant was in possession of an M
electric stun gun, which was referred to as Exhibit P1, and a
N N
knuckleduster with two stalls, which has been referred to as P2.
These items were carried with him in a black backpack, which was
O O
referred to as Exhibit P3.
P P
6. At around 8.15 on 16 September, the victim, Miss X,
Q was alone in her residence and getting ready to go to work. As Q
she was about to leave her home she found the defendant suddenly
R R
appearing and standing at her front door. At that time the
defendant was carrying the black rucksack with him. He shoved
S S
Miss X back into her flat, making the victim fall down and it
T resulted in injuries to her head, shoulder, wrist and finger. T
The defendant entered the flat and closed the door. The
U defendant threatened the victim to get back together with him U
CRT36/26.4.2012/LT 2 DCCC1316/2011/Sentence
V V
A A
and told Miss X to make a decision and to go to the Panda Hotel
in Tsuen Wan with him. The victim felt very frightened. Miss X
B B
told the defendant that she had a very important work commitment
C that morning at about 10 am and that if she was absent, her C
colleagues would look for her. After hearing this, the defendant
D accompanied Miss X to take a taxi to her place of work. They D
left Miss X’s residence at around 0915 hours on the same day.
E E
7. Miss X and the defendant boarded a taxi. Inside the
F F
taxi the defendant took out Exhibit P2, this is the
G knuckleduster with the two stalls, from his trouser pocket and G
brandished it between his right thigh and the victim’s left
H thigh. The defendant urged, Miss X, to get back together with H
him and give him an answer. Miss X felt very frightened and told
I I
the defendant that she needed more time to consider. At around
0955 hours the taxi arrived at Miss X’s place of work and the
J J
defendant told Miss X that he would pick her up at 1800 hours.
K
Miss X made a police report as soon as she got back to her K
office and the police received this at 1058 hours.
L L
8. The victim was later medically examined at 2.13 on
M 16 September at the hospital and was discharged the same day. M
Medical findings were that she had abrasions over her left hand;
N N
she had a bruise over her left shoulder and right wrist; and
bruise, swelling and tenderness over the left middle finger.
O O
P 9. The taxi driver who had driven the couple from the P
home of Miss X to her place of work recalled picking up a young
Q Chinese female with a middle-aged foreigner on the morning of Q
16 September at around 9 am. The taxi driver recalled that the
R R
female was tearful and that the foreigner spoke to the female in
a low voice. The taxi driver said he did not understand English.
S S
T Charges 4 and 5 T
10. At around 1537 hours on 16 September, the defendant
U was arrested by officers in his room at the hotel. A search was U
CRT36/26.4.2012/LT 3 DCCC1316/2011/Sentence
V V
A A
conducted in his room and the following items were found. From
the black backpack, P3, which was placed on the sofa, the two
B B
items, P1 and P2; and also a knuckleduster with four finger-
C stalls; a Switzerland military multipurpose knife; a paper C
cutter; 31 plastic strips; a black folding razor; two rolls of
D adhesive tape; two packets of cigarettes; some medications; and D
a Vertu mobile phone.
E E
11. From a suitcase which was found inside the defendant’s
F F
room the police recovered an air gun with magazine; a mobile
G phone; a digital camcorder; and from a cabinet they found a G
compressed gas bottle; a packet of propel plastic pellets; and a
H Blackberry mobile phone. H
I I
12. A cable for charging P1 and an iphone were also
located inside the defendant’s room.
J J
K
13. At 1622 hours, the defendant was cautioned for K
possession of P1, P4 and the Switzerland military multipurpose
L knife, the cutter, the air gun and the black folding razor. L
Under caution he said, “I understand what you say. Those items
M belong to me. I use them for self-defence and to protect M
myself.”
N N
14. P2 and P4 were subsequently sent to the Police
O O
Forensic Firearms Examination Bureau for examination. The weapon
P expert confirmed that P2 is a flat steel plate with two finger P
stalls and a curved blade on one side. It was designed to fit in
Q the palm with a clenched fist and the blade can protrude on Q
either side of the hand. P4 is a palm-sized knuckleduster made
R R
of solid steel. It comprises four finger stalls that are rigidly
connected to a base and curved bar. It is designed to be held in
S S
a clenched fist. It weighed about 2 ounces with black enamel
T finish and a padded palm bar. T
U U
CRT36/26.4.2012/LT 4 DCCC1316/2011/Sentence
V V
A A
15. P2 and P4 are knuckledusters and are prohibited
weapons as defined under the Weapons Ordinance, Cap.217.
B B
C 16. P1, which is a stun gun, was sent to the Police C
Telecommunications Inspector for examination. On 19 September,
D the initial function test was conducted on P1 and it was found D
to be functioning properly. A detailed function test was carried
E E
out a few days later after it had been charged for 5 hours. It
was confirmed that P1 was a stunning device capable of
F F
generating peak-to-peak pulsating voltage of 358.3 kilovolts
G when loaded with human body-like resistance. It was capable of G
generating 10,714 high voltage pulses continuously in 3 seconds
H duration. H
I I
17. The defendant was subsequently identified at an
identification parade conducted on 26 September.
J J
K
18. At the material times, the defendant did not have a K
licence for possession of any of the arms or a dealer’s licence,
L therefore, nor was he exempted from such. L
M 19. The defendant is 42 years of age and has a clear M
record. Very extensive and persuasive mitigation was submitted
N N
by counsel acting on behalf of the defendant. It was urged upon
the court that this was, although a serious matter, it was
O O
completely out of character for this defendant to be involved in
P an offence of this type. P
Q 20. Counsel submitted that this was a most unusual case. Q
He said that it had all the hallmarks of a television drama.
R R
Counsel described the defendant as being a man approaching
middle-age, happily married, successful in his career, who fell
S S
in love with a beautiful young woman to the extent that it
T became an obsession. T
U U
CRT36/26.4.2012/LT 5 DCCC1316/2011/Sentence
V V
A A
21. Counsel said that the relationship, which last for
2 years from 2009 to 2011, was intense, it was impetuous and
B B
passionate. Counsel said that in May 2011, Miss X wished to end
C the relationship and the defendant had enormous difficulty C
accepting this. Counsel said by that stage the defendant was
D suffering from clinical depression. In August 2011, he consulted D
a Dr Fong, who diagnosed that the defendant was suffering from
E E
severe depression and prescribed a short course of anti-
depressant tablets which were found in his hotel room when the
F F
police raided his room. Dr Fong again saw the defendant in
G February 2012 and noted that his condition had improved G
significantly and was in the range of normal.
H H
The events of 16 September
I I
22. Counsel said that this was an act of desperation. The
defendant came to Hong Kong on the evening of 15 September 2011
J J
in a last bid to try and persuade Miss X to return to him.
K
Counsel said that the defendant had no intention of harming K
Miss X but he had become so desperate that he decided to harm
L himself if he was unable to persuade her to return to him. L
M 23. The defendant accepted that when he entered Miss X’s M
home he pushed her rather than hit or slapped her but she
N N
tripped over a rubbish bin and fell to the ground causing the
relatively minor injuries referred to in the Summary of Facts.
O O
P 24. Counsel said that Miss X told the defendant that she P
had an urgent commitment at her office and needed to be there by
Q 10 am. Counsel said that whilst they were sitting in the taxi on Q
the way to her office he did produce P2, a knuckleduster with
R R
two stalls. He said that he held this in his right hand between
them but the blade attached was pointing towards the defendant
S S
to demonstrate his desperation and also the indication that if
T she refused to return to him he would harm himself. T
U U
CRT36/26.4.2012/LT 6 DCCC1316/2011/Sentence
V V
A A
25. Counsel produced a transcript of a conversation
between the defendant and Miss X which took place on 2 September
B B
2011, this was marked D4 in the exhibits produced by the
C defence, and he also produced various SMS messages in which the C
defendant stated that he would commit suicide if Miss X refused
D to resume their relationship. D
E E
26. Counsel for the defendant said that at the time of
leaving the taxi Miss X phoned him, leaving her new mobile phone
F F
number on his phone. Counsel said that this indicated the
G strange nature of their relationship. Counsel also pointed out G
that after Miss X got out of the taxi to go to her office she
H took more than an hour to decide to ring the police. Counsel H
said this also demonstrated the ups and downs of this strange
I I
relationship.
J J
27. It was confirmed by the police that the telephone call
K
was made whilst they were in the taxi and that a mobile phone K
which had been supplied by her employer was used for that
L purpose. L
M Possession of the weapons M
28. Counsel said that the defendant was a victim of an
N N
attack in a club in Guangzhou. This was confirmed by a statement
from a business colleague whose statement was produced as
O O
defence Exhibit D5. Counsel said that the defendant was later
P the victim of a robbery on the Mainland and thereafter he became P
increasingly vigilant about his personal safety. He said that
Q when travelling in Bangkok with Miss X they had noticed that Q
stun guns were freely available for sale, and after discussion
R R
with Miss X, he decided to buy one for his self-defence on the
Mainland. Counsel said that the defendant did not realise it was
S S
a serious offence in Hong Kong as such items were freely
T available in the rest of Asia. T
U U
CRT36/26.4.2012/LT 7 DCCC1316/2011/Sentence
V V
A A
29. Counsel said that the knuckleduster, P4, was a free
gift with P1, and he pointed out that the larger knuckleduster
B B
was not in his possession when he met Miss X; it was recovered
C from his room when it was raided by the police. C
D 30. Counsel said that in relation to the smaller D
knuckleduster, P2, which was in his possession and which he
E E
produced whilst on board the taxi, that this was purchased in
Hong Kong and is freely available here. He produced the business
F F
card of a local shop that sells them as defence Exhibit D3.
G G
Background of the defendant
H 31. Counsel said that the defendant was born in Versailles H
in 1970, he is married with twin daughters aged 4 who live with
I I
his wife in Macau. He has an elder sister, his father was a
headmaster of a school and his mother was a teacher. He said
J J
they were a closely-knit family. His father was in the public
K
gallery at the hearing of this case and I was told by counsel K
that his mother was too upset to attend the proceedings. Counsel
L said that his elder sister lives and works in Paris for an L
international charitable organisation assisting unfortunate
M children. M
N N
32. The defendant graduated in business studies from a top
French business school. The defendant completed his National
O O
Service in 1995 and since then has been involved in the business
P of airline catering at various levels of seniority and in P
various locations. It was in Macau that he met his wife in 1997
Q and they travelled together. The defendant more recently worked Q
in Hong Kong at a senior level and it was whilst working here
R R
that he met Miss X. After they met, he worked for a company on
the Mainland.
S S
T 33. An extremely complimentary letter was provided by his T
employer and produced as D7. The letter refers to the
U defendant’s integrity and dedication. Counsel stated that his U
CRT36/26.4.2012/LT 8 DCCC1316/2011/Sentence
V V
A A
employers would continue to employ him after he has completed
any sentence that might be imposed by this court.
B B
C 34. A character reference was given by a partner of a C
local law firm which had acted for a company for whom the
D defendant worked. In this letter, the author said he was D
surprised to learn of the defendant’s arrest and stated that he
E E
found him to be a person of integrity and a person with a very
bright future.
F F
G 35. A character reference was supplied by a French priest G
who acted as the defendant’s godfather. The letter spoke highly
H of the defendant and his achievements, and a letter of support H
from Father Mellor was also produced.
I I
36. Counsel said that the defendant has been assisting in
J J
teaching French at a school set up by Father Mellor for children
K
of Hong Kong citizens born on the Mainland. Father Mellor states K
that the defendant has been generous with his time and kind to
L the children. L
M 37. A letter was also produced from the defendant M
expressing his deep remorse for what he had done and for the
N N
hurt and anxiety which he had caused his family. Counsel said
that the defendant has now put Miss X firmly behind him and
O O
kindles the hope of getting back together with his wife and
P children. P
Q 38. As counsel quite correctly says, there is no tariff Q
for any of the offences to which the defendant has pleaded
R R
guilty. For persons found in possession of a stun gun
imprisonment is the norm. In this case there was no triad or
S S
gangland background to the offences.
T T
39. I noted that the defendant claimed that the stun gun
U and knuckleduster were for self-defence because of incidents on U
CRT36/26.4.2012/LT 9 DCCC1316/2011/Sentence
V V
A A
the Mainland. They were, however, recovered from a black
rucksack which the defendant had taken with him to the home of
B B
Miss X. He had checked into the Panda Hotel the night before the
C offences and at his hotel room there was a suitcase in which the C
police found an air gun and magazine. One of the knuckledusters
D was produced by the defendant whilst he was in the taxi with D
Miss X, albeit he claimed it was produced not to frighten her
E E
but to demonstrate his intention to harm himself. Miss X was,
however, very frightened when the defendant produced the
F F
knuckleduster.
G G
40. I accept what has been placed before the court in
H mitigation, that at the time of the offences the defendant was H
in a highly agitated state and seemed obsessed with re-
I I
establishing his relationship with Miss X. I read and listened
to the recording of his conversation with Miss X on 2 September
J J
2011, Exhibit D4. In a long rambling exchange he said on a
K
number of occasions that he would commit suicide if she did not K
return to him. There was also reference to an incident in Suzhou
L which she claimed involved violence. L
M 41. I was sure that Miss X was extremely frightened about M
what occurred. She was confronted by the defendant standing at
N N
her front door. He shoved her back into the flat causing her to
fall and she sustained minor injuries from the fall. When at her
O O
home the defendant threatened Miss X and told her to get back
P together with him and to go to the Panda Hotel with him. Miss X P
said she felt very frightened.
Q Q
42. At that time I took the view that the defendant was
R R
not acting rationally and was in possession of the stun gun and
a knuckleduster. He also produced this knuckleduster in the
S S
taxi. I take into account what has been said in mitigation, that
T this was to demonstrate an intention to harm himself. T
U U
CRT36/26.4.2012/LT 10 DCCC1316/2011/Sentence
V V
A A
43. I took into account the contents of the psychiatric
report which was prepared. This repeated much of what was said
B B
by counsel on behalf of the defendant in mitigation. The report
C said that the defendant is suffering from no psychotic feature, C
was calm and co-operative when interviewed.
D D
44. In arriving at appropriate sentences, I took into
E E
account not only that the defendant pleaded guilty but also that
he spared Miss X the embarrassment of having to give evidence of
F F
a very personal nature about her affair with the defendant, and
G I also took into account the question of totality. I took into G
account that the defendant has spent some time in custody and
H that has been a salutary lesson for him. H
I I
45. Taking into account all the circumstances, in respect
of Charge 1 I take a starting point of 3 months’ imprisonment
J J
and reduce that to 2 months to reflect the defendant’s guilty
K
plea. K
L 46. For the possession of the stun gun, I noted that it L
was capable of generating peak-to-peak pulsating voltage of
M 358.3 kilovolts when loaded with human body-like resistance, it M
was capable of generating 10,714 high voltage pulses
N N
continuously in 3 seconds duration. I take a starting point of
15 months’ imprisonment for that offence and reduce that
O O
sentence by one-third to reflect the guilty plea.
P P
47. In respect of Charge 5, possession of the
Q knuckleduster, I take a starting point of 9 months’ imprisonment Q
and reduce that to 6 months to reflect his guilty plea.
R R
48. I order that all the sentences shall run concurrently
S S
and the defendant will therefore go to prison for a period of
T 10 months. T
U U
CRT36/26.4.2012/LT 11 DCCC1316/2011/Sentence
V V
A A
Browne
District Judge
B B
C C
D D
E E
F F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT36/26.4.2012/LT 12 DCCC1316/2011/Sentence
V V