A HCCC 55/2024 A
[2025] HKCFI 486
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 55 OF 2024
D ----------------- D
HKSAR
E E
v
F F
Lam Sum
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Before: Hon Andrew Chan J
H Date: 2 December 2024 at 10.13 am H
Present: Mr Kelvin Tang, SPP of the Department of Justice, for
I
HKSAR I
Miss Wong Wing-man Vivian, instructed by Eric Cheung &
Lau, assigned by DLA, for the accused
J Offence: (1) Wounding with intent (有意圖而傷人) J
(2) Attempted robbery (企圖搶劫罪)
K K
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Transcript of the Audio Recording
L of the Sentence in the above Case L
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M COURT: The defendant has pleaded guilty to one count of wounding M
with intent, contrary to section 17 of the Offences Against
N the Person Ordinance, and one count of attempted robbery, N
contrary to section 10 of the Theft Ordinance and
section 159G of the Crimes Ordinance. He is committed to
O this court for sentence. O
At 5 am on 7 April 2022, the victim, whilst going to work,
P stopped outside a shop to smoke. The defendant approached P
the victim and then used a universal knife to cut the back
Q of the victim’s neck. He then gave a chokehold to the Q
victim from behind before he declared robbery. As the
victim felt great pain at his bleeding neck, he struggled
R forcefully. R
After a brief struggle and separation, the defendant
S S
demanded for money again. Being agitated, the victim tried
to grab hold of the defendant. Eventually, the defendant
T fled the scene. T
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CRT23/2.12.2024/CSY 1 HCCC 55/2024(1)/Sentence
V V
A About two hours later, the defendant was spotted by A
patrolling police officers and eventually arrested. A
universal knife with bloodstains was found on the defendant.
B B
Upon admission into Tuen Mun Hospital, the victim was found
to have sustained a 10 cm laceration over his neck with
C C
active bleeding. An emergency operation was performed, and
the victim was finally discharged a week later on
D 14 April 2022. D
Photographs presented to the court depicted the horrific
E injuries that the victim had suffered. The court, however, E
has been told that the victim, in a nutshell, has not
suffered from any permanent injuries.
F F
The defendant is now 47, educated to Form 2 level. Prior to
G his arrest, he was a part-time mechanic. The defendant also G
has four previous criminal records, one relating to the use
of violence.
H H
Mitigation letters from the defendant and his wife have been
I
produced. I have already read them before the commencement I
of this hearing. They ask for leniency, essentially.
J This is an attempted robbery on an innocent passer-by in an J
early hour of one morning. In short, the defendant first
stabbed the victim before declaring the robbery. The victim
K was inflicted with severe injuries. An attack on a person’s K
neck with such a very sharp object would and could
L potentially cause fatalities. The attack on that day was L
simply unacceptable. The defendant also gave the victim a
chokehold, ie a strangulation in order to immobilise the
M victim. M
The fact that the victim recovered fully without any
N permanent injuries was, in my view, purely luck. Although N
the defendant was charged for attempted robbery, in essence,
O an actual robbery had been carried out. It just happened O
that the defendant was not able to get hold of any money or
any valuable at the end.
P P
In this case, the defendant did not simply display a knife
or his weapon. He actually used it with the desire of
Q Q
injuring the victim first and then getting the cash and
valuable from the victim afterwards. The attempt took place
R in the small hours on the morning and, as a result, the R
victim was hospitalised for over a week.
S For Count 1, it was a vicious attack on an innocent S
civilian. Given the defendant’s past violence record, a
notional starting point of 7 years will be adopted. After a
T T
plea, the sentence will be reduced to one of 56 months’
imprisonment.
U U
CRT23/2.12.2024/CSY 2 HCCC 55/2024(1)/Sentence
V V
A As for Count 2, given the use of violence has been taken A
care of by the 1st count, a notional starting point of
5 years will be adopted. After a plea, the sentence will be
B reduced to one of 40 months’ imprisonment. B
In view of the matters that I have just described, the two
C C
sentences imposed would be ordered to serve consecutively by
the defendant. For the two offences the defendant stands
D convicted, he is therefore sentenced to 96 months’ D
imprisonment. That is 8 years’ imprisonment.
E E
F I/we certify that to the best of my/our ability F
and skill, the foregoing is a true transcript of
the audio recording of the above proceedings.
G G
H H
...............................................
Chan Shuk Ying Susanna
Date: 11 December 2024
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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CRT23/2.12.2024/CSY 3 HCCC 55/2024(1)/Sentence
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