A A
B B
DCCC 932/2024
C [2024] HKDC 1960 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 932 OF 2024
F F
G ---------------------------------- G
HKSAR
H H
v
I HE JIANPENG I
----------------------------------
J J
K Before: His Honour Judge Tam K
Date: 18 November 2024
L L
Present: Miss Au Ngo Yan, Grace, Acting Senior Public Prosecutor
M for HKSAR M
Mr Lam Shun Chiu, instructed by Cedric & Co., assigned by
N N
the Director of Legal Aid, for the defendant
O Offence: Wounding with intent（有意圖而傷人） O
P P
--------------------------------------
Q Q
REASONS FOR SENTENCE
R
-------------------------------------- R
S S
T T
U U
V V
-2-
A A
B B
1. Mr He pleaded guilty before me to one charge of Wounding
C with intent, contrary to section 17(a) of the Offences against the Person C
Ordinance, Cap 212. Particulars are that he, on 19 February 2024, at Room
D D
1941, Sau Yuen House, Chuk Yuen South Estate, Wong Tai Sin, Kowloon,
E in Hong Kong, unlawfully and maliciously wounded He Bingquan with E
intent to do him grievous bodily harm.
F F
G Facts admitted by Mr He G
H H
2. At the material time, Mr He was 16 years old and a Form 2
I student. He lived with his parents at Room 1941 aforesaid (“the Unit”). I
J J
3. The Unit consisted of one living room and two bedrooms.
K Each of Mr He’s parents occupied one bedroom, while Mr He’s bed was K
placed outside the bedroom of his 44 year-old father namely He Bingquan
L L
(“the father”).
M M
4. On 19 February 2024, at about 7:25 am, Mr He and the father
N N
were alone in the Unit. Suddenly, while the father was using his mobile
O phone on his bed, Mr He rushed in and stabbed the father with a knife for O
a total of 3 times before leaving the bedroom with the knife.
P P
Q 5. At 7:49 am, Mr He reported the case to the police. Q
R R
S S
T T
U U
V V
-3-
A A
B B
6. At 7:53 am, the police and the ambulance-men arrived. Mr
C He was standing just outside the Unit. Upon enquiry by the police, Mr He C
voluntarily said that:
D D
E (a) He hated the father, who was bad-tempered and was E
always gambling;
F F
G (b) He got up at 6:25 am that day; G
H H
(c) After considering for about 30 minutes, at around 7:25
I am, he took a knife from the kitchen, rushed into the I
father’s room and stabbed the latter with it for 3 times;
J J
K (d) The first strike targeted the father’s head; the second K
the right neck and the third the calf;
L L
M (e) Seeing the father bleeding seriously, he became M
anxious and stopped the attack;
N N
O (f) He placed the knife in the kitchen sink and washed O
away the bloodstains on his hands; and
P P
Q (g) He called the police. Q
R R
S S
T T
U U
V V
-4-
A A
B B
7. The father was found lying in bed, covered in blood but
C conscious. He was taken to Queen Elizabeth Hospital. C
D D
8. Mr He was arrested. Under caution, he admitted stabbing the
E father with a knife because he hated the father. E
F F
9. A knife with a 20 cm blade and a 12 cm handle with
G bloodstains was found in the kitchen sink. A bedsheet, a blanket and some G
clothes previously worn by the father, all covered with bloodstains, were
H H
seized from the Unit.
I I
10. Medical report shows the father suffered:
J J
K (a) A 7 cm right facial laceration extending to the ear; K
L L
(b) A 6 cm laceration at the right hand;
M M
(c) A 1 cm laceration at the right medial thigh;
N N
O (d) A 5 cm laceration at the right medial thigh; and O
P P
(e) A 4 cm laceration at the right shin.
Q Q
11. The father was discharged from hospital on 27 February 2024
R R
and he was granted sick leave until 13 March 2024.
S S
T T
U U
V V
-5-
A A
B B
Criminal record
C C
12. Mr He enjoys a clear record.
D D
E Antecedents E
F F
13. Mr He is aged 17 (16 at the time of the offence), a student
G educated to F2 level. He is single and resided with his parents in public G
housing in Wong Tai Sin.
H H
I Mitigation I
J J
14. Mr Lam Shun Chiu of counsel assigned by the Director of
K Legal Aid mitigated on behalf of Mr He. The following is a summary of K
the mitigation submissions.
L L
M 15. Mr He’s parents (including the victim) and grandparents were M
in court to give him support.
N N
O 16. Mr He was born in Guangdong. In 2022, he came to Hong O
Kong with his mother to live with his father and grandparents.
P P
Q 17. He continued his study in Hong Kong. Since arrest, he has Q
been remanded in custody.
R R
S 18. He has a clear record. All his family members considered the S
offence was out of Mr He’s character.
T T
U U
V V
-6-
A A
B B
19. Mr He did well in school. His academic results were good
C and he was active in extra-curricular activities. The school report and C
extra-curricular activities record (both in Chinese submitted) support the
D D
same.
E E
20. There has been long-term tension between both parents and
F F
Mr He. Mr He was not drunk or drugged at the time of the offence.
G According to what Me He told the police, he thought about the matter for G
30 minutes before starting the attack.
H H
I 21. Mr He has his personal problems but he could not express his I
feelings. He has had a bad relationship with his father.
J J
K 22. Mr Lam submitted as per instructions that Mr He is not K
suffering from any mental or psychological problem.
L L
M 23. Mr Lam submitted that the present offence is an excepted M
offence and so section 109A of the Criminal Procedure Ordinance,
N N
Cap 221, has no direct application; nonetheless, given that Mr He was only
O 16 at the time of the offence (now 17), rehabilitation should still be an O
important sentencing consideration.
P P
Q 24. Mr Lam further submitted that neither Detention Centre (DC) Q
nor Training Centre (TC) Order is a soft option given their custodial
R R
element with built-in strict disciplinary training.
S S
T T
U U
V V
-7-
A A
B B
25. Mr Lam submitted that the distinct advantage of a DC or TC
C Order is that although the punitive element would be compatible with the C
serious offence committed, Mr He can benefit from the provisions of the
D D
Rehabilitation of Offenders Ordinance, Cap 297, after he has done his time.
E E
26. Mr Lam urges the court to call for relevant reports before
F F
sentencing Mr He.
G G
27. Mr Lam submitted on behalf of Mr He a total of 7 mitigation
H H
letters (all in Chinese) written respectively by Mr He himself, his father
I (victim), his mother, his paternal grandmother, his Deputy School Principal, I
his Form Master, and the extra-curricular teacher of the school. The
J J
contents are generally that Mr He is regretful; that he acted out of impulse
K and out of character; that he is normally a courteous person; that his K
conduct at school was excellent. The letter writers asked that a chance be
L L
given for Mr He’s reform and they asked for a lenient sentence so he may
M be released early to re-unite with his family and in due course to become a M
useful member of society.
N N
O 28. Upon enquiry by the court, Mr Lam submitted that the usual O
starting point is 3 to 12 years’ imprisonment.
P P
Q 29. After the reports came back, Mr Lam submitted that they have Q
been read and explained to Mr He and that he agreed to the information
R R
contained therein. Mr Lam wanted to emphasize that the psychologist
S opined that the risk of re-offending is low. S
T T
U U
V V
-8-
A A
B B
30. In view of Mr He’s young age, his remorse, and a better
C understanding of himself since the events, the court is urged to deal with C
Mr He by way of a TC order.
D D
E Reports E
F F
31. Because of Mr He’s young age and the peculiar circumstances
G of the commission of the offence, I called for a DC and a TC Suitability G
Reports and also a psychological report on Mr He.
H H
I 32. The reports that came back have the following conclusions. I
J J
33. First, the psychological report. The conclusion was that
K although Mr He was assessed as low risk for future violence, psychological K
intervention on assertiveness, anger management, stress coping, family
L L
relationship and online gaming is recommended to prevent reoffending of
M violent behaviours. M
N N
34. Next, the joint DC and TC Suitability Report. The conclusion
O was that Mr He is medically unfit for detention in DC because of poor O
exercise tolerance and is therefore unsuitable for detention in DC; however,
P P
he is mentally, psychologically and physically fit for detention in TC. The
Q reporting officer opined that from the information available and after a Q
general assessment of Mr He’s behavior and attitude while on remand, Mr
R R
He is considered suitable for detention in TC.
S S
T T
U U
V V
-9-
A A
B B
Sentence
C C
35. I have seen the photos (since returned to the prosecution) of
D D
the some of the injuries suffered by the victim and of the weapon and the
E scene of crime. The weapon was a pointed and apparently sharp knife of E
the type usually found in domestic kitchens.
F F
G 36. I am acutely aware of the severity of the injuries especially G
that involving a lengthy laceration on the face.
H H
I 37. The usual sentence after trial for this offence is 3 to 12 years’ I
imprisonment: HKSAR v Chan Chun Tat [2013] 6 HKC 225.
J J
K 38. The Court of Appeal in paras 49-50 of Chan Chun Tat gave K
helpful guidance to a sentencing court when dealing with this sort of case:
L L
M “49. … many of the factors to which a court will have regard M
in determining the gravity of a s 17 offence and the culpability
of the offender will relate to the type of harm intended to be
N inflicted, the means by which that harm was inflicted and the N
circumstances generally surrounding the assault. Thus, without
O attempting to exhaustively identi[f]y all the relevant factors, the O
usual ones will be the extent to which the assault was
premeditated, the reasons or motivation underlying the assault
P upon the victim, the mental or emotional state of the assailant at P
the time of the assault, whether alcohol or drugs contributed to
Q
the actions of the assailant, whether the assault was committed Q
by the assailant alone or as a part of a group, the type of weapons
employed, the level of force or aggression and the persistence
R with which the assault was pressed home, the injuries caused to R
the victim and the effect of the assault upon the victim and those
close to him or her.
S S
50. In arriving at an appropriate sentence the court will have
T regard not just to the need to punish the offender for his conduct, T
but also to the sentencing principles of deterrence, both general
and individual, and, in appropriate cases, the need to denounce
U U
V V
- 10 -
A A
B the resort to violence. Of course deterrence and denunciation B
are always important when there is resort to violence but there
C may be particular situations that call for greater deterrence, such C
as in triad gang or contract attacks, or more denunciatory
sentences, such as in domestic violence cases.”
D D
39. Where domestic violence is involved, as in the present case,
E E
para 51 of the Reasons for Judgment has something more pertinent to say:
F F
“51. In respect of the latter type of case the courts have long
G G
played a role in denouncing a resort to violence. People living
together, whether they are husband and wife, parent and child or
H in any other relationship, inevitably suffer stresses from their H
work or personal life which may manifest themselves within the
home environment in arguments or emotional outbursts. How
I people, within the privacy of their homes, resolve their problems I
is not usually a matter that concerns the courts; but the moment
J the law is broken by a resort to violence in order to solve such J
problems then the courts will become involved. By their
sentences the courts must make clear that violence will never be
K regarded as an acceptable way of dealing with personal issues.” K
L L
40. It can be seen especially from the remarks in para 51 of Chan
M
Chun Tat that the seriousness of the present case is greatly enhanced by the M
fact of domestic violence.
N N
O 41. The reasons why Mr He attacked his father on that morning O
are complex and have been canvassed at some length in the psychological
P P
report the details of which I will not disclose here. Suffice it to say that
Q there has been a historical background which led to the explosive outbursts Q
on that day. Ultimately, the long-term solution lies in how the family will
R R
resolve its internal problems; the court could only intervene so much.
S S
T T
U U
V V
- 11 -
A A
B B
42. If not for the objective fact that Mr He was a 16-year-old
C person with no previous history of violence at the time of the offence (17 C
now), I would have had no difficulty in imposing an immediate custodial
D D
sentence of substantial length commensurate with a starting point higher
E than the lower end of the spectrum of usual sentences. E
F F
43. However, although section 109A of Cap 221 does not strictly
G apply, I cannot ignore the rehabilitative aspect of the principles of G
sentencing on a youthful offender of previous good character where the
H H
offence, though very serious, is not as heinous as for example an offence
I of trafficking in a dangerous drug. I
J J
44. The rehabilitative aspect plays a larger part in the present case
K because the victim ie the father has gone out of his way to write a mitigation K
letter urging the court to give Mr He a chance to reform himself and urging
L L
the court to pass a lenient sentence so that Mr He could re-unite with the
M family at an earlier time. M
N N
45. It is hoped that when Mr He has served his sentence, he will
O be welcomed back into the family and be nurtured with love and harmony O
so that not only Mr He himself will be reformed.
P P
Q 46. In light of the foregoing considerations, and given Mr He’s Q
plea of guilty showing remorse and the conclusion of the joint DC and TC
R R
Suitability report, I am satisfied that it is in the interest of the community
S and that, having regard to Mr He’s character and his previous conduct, and S
to the circumstances of the offence, it is expedient for his reformation and
T T
U U
V V
- 12 -
A A
B B
for the prevention of crime that he should undergo a period of training in
C TC. C
D D
(Mr He, please stand)
E E
47. I order that Mr He be sentenced to detention in a Training
F F
Centre.
G G
H H
I ( Isaac Tam ) I
District Judge
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V
A A
B B
DCCC 932/2024
C [2024] HKDC 1960 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 932 OF 2024
F F
G ---------------------------------- G
HKSAR
H H
v
I HE JIANPENG I
----------------------------------
J J
K Before: His Honour Judge Tam K
Date: 18 November 2024
L L
Present: Miss Au Ngo Yan, Grace, Acting Senior Public Prosecutor
M for HKSAR M
Mr Lam Shun Chiu, instructed by Cedric & Co., assigned by
N N
the Director of Legal Aid, for the defendant
O Offence: Wounding with intent（有意圖而傷人） O
P P
--------------------------------------
Q Q
REASONS FOR SENTENCE
R
-------------------------------------- R
S S
T T
U U
V V
-2-
A A
B B
1. Mr He pleaded guilty before me to one charge of Wounding
C with intent, contrary to section 17(a) of the Offences against the Person C
Ordinance, Cap 212. Particulars are that he, on 19 February 2024, at Room
D D
1941, Sau Yuen House, Chuk Yuen South Estate, Wong Tai Sin, Kowloon,
E in Hong Kong, unlawfully and maliciously wounded He Bingquan with E
intent to do him grievous bodily harm.
F F
G Facts admitted by Mr He G
H H
2. At the material time, Mr He was 16 years old and a Form 2
I student. He lived with his parents at Room 1941 aforesaid (“the Unit”). I
J J
3. The Unit consisted of one living room and two bedrooms.
K Each of Mr He’s parents occupied one bedroom, while Mr He’s bed was K
placed outside the bedroom of his 44 year-old father namely He Bingquan
L L
(“the father”).
M M
4. On 19 February 2024, at about 7:25 am, Mr He and the father
N N
were alone in the Unit. Suddenly, while the father was using his mobile
O phone on his bed, Mr He rushed in and stabbed the father with a knife for O
a total of 3 times before leaving the bedroom with the knife.
P P
Q 5. At 7:49 am, Mr He reported the case to the police. Q
R R
S S
T T
U U
V V
-3-
A A
B B
6. At 7:53 am, the police and the ambulance-men arrived. Mr
C He was standing just outside the Unit. Upon enquiry by the police, Mr He C
voluntarily said that:
D D
E (a) He hated the father, who was bad-tempered and was E
always gambling;
F F
G (b) He got up at 6:25 am that day; G
H H
(c) After considering for about 30 minutes, at around 7:25
I am, he took a knife from the kitchen, rushed into the I
father’s room and stabbed the latter with it for 3 times;
J J
K (d) The first strike targeted the father’s head; the second K
the right neck and the third the calf;
L L
M (e) Seeing the father bleeding seriously, he became M
anxious and stopped the attack;
N N
O (f) He placed the knife in the kitchen sink and washed O
away the bloodstains on his hands; and
P P
Q (g) He called the police. Q
R R
S S
T T
U U
V V
-4-
A A
B B
7. The father was found lying in bed, covered in blood but
C conscious. He was taken to Queen Elizabeth Hospital. C
D D
8. Mr He was arrested. Under caution, he admitted stabbing the
E father with a knife because he hated the father. E
F F
9. A knife with a 20 cm blade and a 12 cm handle with
G bloodstains was found in the kitchen sink. A bedsheet, a blanket and some G
clothes previously worn by the father, all covered with bloodstains, were
H H
seized from the Unit.
I I
10. Medical report shows the father suffered:
J J
K (a) A 7 cm right facial laceration extending to the ear; K
L L
(b) A 6 cm laceration at the right hand;
M M
(c) A 1 cm laceration at the right medial thigh;
N N
O (d) A 5 cm laceration at the right medial thigh; and O
P P
(e) A 4 cm laceration at the right shin.
Q Q
11. The father was discharged from hospital on 27 February 2024
R R
and he was granted sick leave until 13 March 2024.
S S
T T
U U
V V
-5-
A A
B B
Criminal record
C C
12. Mr He enjoys a clear record.
D D
E Antecedents E
F F
13. Mr He is aged 17 (16 at the time of the offence), a student
G educated to F2 level. He is single and resided with his parents in public G
housing in Wong Tai Sin.
H H
I Mitigation I
J J
14. Mr Lam Shun Chiu of counsel assigned by the Director of
K Legal Aid mitigated on behalf of Mr He. The following is a summary of K
the mitigation submissions.
L L
M 15. Mr He’s parents (including the victim) and grandparents were M
in court to give him support.
N N
O 16. Mr He was born in Guangdong. In 2022, he came to Hong O
Kong with his mother to live with his father and grandparents.
P P
Q 17. He continued his study in Hong Kong. Since arrest, he has Q
been remanded in custody.
R R
S 18. He has a clear record. All his family members considered the S
offence was out of Mr He’s character.
T T
U U
V V
-6-
A A
B B
19. Mr He did well in school. His academic results were good
C and he was active in extra-curricular activities. The school report and C
extra-curricular activities record (both in Chinese submitted) support the
D D
same.
E E
20. There has been long-term tension between both parents and
F F
Mr He. Mr He was not drunk or drugged at the time of the offence.
G According to what Me He told the police, he thought about the matter for G
30 minutes before starting the attack.
H H
I 21. Mr He has his personal problems but he could not express his I
feelings. He has had a bad relationship with his father.
J J
K 22. Mr Lam submitted as per instructions that Mr He is not K
suffering from any mental or psychological problem.
L L
M 23. Mr Lam submitted that the present offence is an excepted M
offence and so section 109A of the Criminal Procedure Ordinance,
N N
Cap 221, has no direct application; nonetheless, given that Mr He was only
O 16 at the time of the offence (now 17), rehabilitation should still be an O
important sentencing consideration.
P P
Q 24. Mr Lam further submitted that neither Detention Centre (DC) Q
nor Training Centre (TC) Order is a soft option given their custodial
R R
element with built-in strict disciplinary training.
S S
T T
U U
V V
-7-
A A
B B
25. Mr Lam submitted that the distinct advantage of a DC or TC
C Order is that although the punitive element would be compatible with the C
serious offence committed, Mr He can benefit from the provisions of the
D D
Rehabilitation of Offenders Ordinance, Cap 297, after he has done his time.
E E
26. Mr Lam urges the court to call for relevant reports before
F F
sentencing Mr He.
G G
27. Mr Lam submitted on behalf of Mr He a total of 7 mitigation
H H
letters (all in Chinese) written respectively by Mr He himself, his father
I (victim), his mother, his paternal grandmother, his Deputy School Principal, I
his Form Master, and the extra-curricular teacher of the school. The
J J
contents are generally that Mr He is regretful; that he acted out of impulse
K and out of character; that he is normally a courteous person; that his K
conduct at school was excellent. The letter writers asked that a chance be
L L
given for Mr He’s reform and they asked for a lenient sentence so he may
M be released early to re-unite with his family and in due course to become a M
useful member of society.
N N
O 28. Upon enquiry by the court, Mr Lam submitted that the usual O
starting point is 3 to 12 years’ imprisonment.
P P
Q 29. After the reports came back, Mr Lam submitted that they have Q
been read and explained to Mr He and that he agreed to the information
R R
contained therein. Mr Lam wanted to emphasize that the psychologist
S opined that the risk of re-offending is low. S
T T
U U
V V
-8-
A A
B B
30. In view of Mr He’s young age, his remorse, and a better
C understanding of himself since the events, the court is urged to deal with C
Mr He by way of a TC order.
D D
E Reports E
F F
31. Because of Mr He’s young age and the peculiar circumstances
G of the commission of the offence, I called for a DC and a TC Suitability G
Reports and also a psychological report on Mr He.
H H
I 32. The reports that came back have the following conclusions. I
J J
33. First, the psychological report. The conclusion was that
K although Mr He was assessed as low risk for future violence, psychological K
intervention on assertiveness, anger management, stress coping, family
L L
relationship and online gaming is recommended to prevent reoffending of
M violent behaviours. M
N N
34. Next, the joint DC and TC Suitability Report. The conclusion
O was that Mr He is medically unfit for detention in DC because of poor O
exercise tolerance and is therefore unsuitable for detention in DC; however,
P P
he is mentally, psychologically and physically fit for detention in TC. The
Q reporting officer opined that from the information available and after a Q
general assessment of Mr He’s behavior and attitude while on remand, Mr
R R
He is considered suitable for detention in TC.
S S
T T
U U
V V
-9-
A A
B B
Sentence
C C
35. I have seen the photos (since returned to the prosecution) of
D D
the some of the injuries suffered by the victim and of the weapon and the
E scene of crime. The weapon was a pointed and apparently sharp knife of E
the type usually found in domestic kitchens.
F F
G 36. I am acutely aware of the severity of the injuries especially G
that involving a lengthy laceration on the face.
H H
I 37. The usual sentence after trial for this offence is 3 to 12 years’ I
imprisonment: HKSAR v Chan Chun Tat [2013] 6 HKC 225.
J J
K 38. The Court of Appeal in paras 49-50 of Chan Chun Tat gave K
helpful guidance to a sentencing court when dealing with this sort of case:
L L
M “49. … many of the factors to which a court will have regard M
in determining the gravity of a s 17 offence and the culpability
of the offender will relate to the type of harm intended to be
N inflicted, the means by which that harm was inflicted and the N
circumstances generally surrounding the assault. Thus, without
O attempting to exhaustively identi[f]y all the relevant factors, the O
usual ones will be the extent to which the assault was
premeditated, the reasons or motivation underlying the assault
P upon the victim, the mental or emotional state of the assailant at P
the time of the assault, whether alcohol or drugs contributed to
Q
the actions of the assailant, whether the assault was committed Q
by the assailant alone or as a part of a group, the type of weapons
employed, the level of force or aggression and the persistence
R with which the assault was pressed home, the injuries caused to R
the victim and the effect of the assault upon the victim and those
close to him or her.
S S
50. In arriving at an appropriate sentence the court will have
T regard not just to the need to punish the offender for his conduct, T
but also to the sentencing principles of deterrence, both general
and individual, and, in appropriate cases, the need to denounce
U U
V V
- 10 -
A A
B the resort to violence. Of course deterrence and denunciation B
are always important when there is resort to violence but there
C may be particular situations that call for greater deterrence, such C
as in triad gang or contract attacks, or more denunciatory
sentences, such as in domestic violence cases.”
D D
39. Where domestic violence is involved, as in the present case,
E E
para 51 of the Reasons for Judgment has something more pertinent to say:
F F
“51. In respect of the latter type of case the courts have long
G G
played a role in denouncing a resort to violence. People living
together, whether they are husband and wife, parent and child or
H in any other relationship, inevitably suffer stresses from their H
work or personal life which may manifest themselves within the
home environment in arguments or emotional outbursts. How
I people, within the privacy of their homes, resolve their problems I
is not usually a matter that concerns the courts; but the moment
J the law is broken by a resort to violence in order to solve such J
problems then the courts will become involved. By their
sentences the courts must make clear that violence will never be
K regarded as an acceptable way of dealing with personal issues.” K
L L
40. It can be seen especially from the remarks in para 51 of Chan
M
Chun Tat that the seriousness of the present case is greatly enhanced by the M
fact of domestic violence.
N N
O 41. The reasons why Mr He attacked his father on that morning O
are complex and have been canvassed at some length in the psychological
P P
report the details of which I will not disclose here. Suffice it to say that
Q there has been a historical background which led to the explosive outbursts Q
on that day. Ultimately, the long-term solution lies in how the family will
R R
resolve its internal problems; the court could only intervene so much.
S S
T T
U U
V V
- 11 -
A A
B B
42. If not for the objective fact that Mr He was a 16-year-old
C person with no previous history of violence at the time of the offence (17 C
now), I would have had no difficulty in imposing an immediate custodial
D D
sentence of substantial length commensurate with a starting point higher
E than the lower end of the spectrum of usual sentences. E
F F
43. However, although section 109A of Cap 221 does not strictly
G apply, I cannot ignore the rehabilitative aspect of the principles of G
sentencing on a youthful offender of previous good character where the
H H
offence, though very serious, is not as heinous as for example an offence
I of trafficking in a dangerous drug. I
J J
44. The rehabilitative aspect plays a larger part in the present case
K because the victim ie the father has gone out of his way to write a mitigation K
letter urging the court to give Mr He a chance to reform himself and urging
L L
the court to pass a lenient sentence so that Mr He could re-unite with the
M family at an earlier time. M
N N
45. It is hoped that when Mr He has served his sentence, he will
O be welcomed back into the family and be nurtured with love and harmony O
so that not only Mr He himself will be reformed.
P P
Q 46. In light of the foregoing considerations, and given Mr He’s Q
plea of guilty showing remorse and the conclusion of the joint DC and TC
R R
Suitability report, I am satisfied that it is in the interest of the community
S and that, having regard to Mr He’s character and his previous conduct, and S
to the circumstances of the offence, it is expedient for his reformation and
T T
U U
V V
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A A
B B
for the prevention of crime that he should undergo a period of training in
C TC. C
D D
(Mr He, please stand)
E E
47. I order that Mr He be sentenced to detention in a Training
F F
Centre.
G G
H H
I ( Isaac Tam ) I
District Judge
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V