A A
DCCC439/2009
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 439 OF 2009
C C
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D D
HKSAR
E v. E
Wong Wing
F F
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G G
Before: Deputy District Judge M. Chow
Date: 20 October 2009 at 2.40 pm
H Present: Mr William Siu, PP of the Department of Justice, for H
HKSAR
Mr Andrew Raffell, instructed by Messrs Au Yeung, Lo &
I Chung, assigned by the Director of Legal Aid, for the I
Defendant
J Offence: Wounding(傷人) J
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K K
Reasons for Sentence
L L
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M M
1. The defendant pleaded guilty to a charge of Wounding,
N contrary to section 19 of the Offences against a Persons N
Ordinance, Cap. 211.
O O
Facts of the case
P P
2. At about 9 am on 4 March 2009, the defendant appeared
suddenly in front of PW1 and he was brandishing a chopper. PW1
Q Q
held on to his hand and struggled with him. During the struggle,
R PW1 sustained a 2 inch cut on his skull. At the same time R
another customer in the restaurant came to assist PW1 to subdue
S the defendant. The defendant dropped the chopper. He then threw S
something to PW1. It was subsequently found that they were sand,
T T
detergent and urine. A report was made to the police. The
defendant was arrested.
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CRT24/20.10.2009/SR 1 DCCC439/2009/Sentence
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A A
3. Under caution the defendant admitted that he took the
chopper, a bucket of sand mixed with urine and detergent from
B B
his home and he intended to scare PW1 since PW1 owe him a
C gambling debt of $5,000. He said he had no idea how PW1 got C
injured.
D D
Criminal Record
E E
4. The defendant had one previous conviction of attempted
indecent assault. He was sentenced to Siu Lam for 6 months and
F F
that was in 1996.
G G
Background
H 5. The defendant came to Hong Kong in 1964. He is married H
with three children. Two elder sons passed away. His
I I
relationship with his younger son was fair and he is now relying
on CSSA for living.
J J
K
The psychiatric reports K
6. There are altogether four psychiatric reports. Two
L were obtained in March 2009 when the defendant was brought to L
Fanling Magistrate Court for plea. The defendant has been
M detained in Siu Lam since March 2009. I therefore called for M
another two psychiatric reports in September 2009 because the
N N
defendant has been detained in Siu Lam for six months already.
Both psychiatrists were aware that the defendant has a mental
O O
history since 1960 and he should continue to receive further
P treatment in Siu Lam. P
Q 7. However, there were different opinions by the Q
psychiatrists as to the period of treatment. Dr Ho recommended
R R
at least 2 years while Dr Leung recommends 6 months. Dr Ho
states that the defendant’s mental state remains relatively
S S
stable with no aggressive behaviours; however, he continued to
T harbour fixed paranoid ideas towards the victim despite being T
prescribed psychotic medicine. After clarification, in fact,
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CRT24/20.10.2009/SR 2 DCCC439/2009/Sentence
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A A
Dr Leung agreed that the period of hospital order should be 2
years.
B B
C 8. In mitigation I was told that the defendant accepts C
doctors’ recommendation.
D D
9. After considering the medical reports and doctors’
E E
recommendations I order the defendant to 2 years hospital order.
F F
G G
H M. Chow H
Deputy District Judge
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
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CRT24/20.10.2009/SR 3 DCCC439/2009/Sentence
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