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DCCC 862/2023
C [2025] HKDC 56 C
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IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 862 OF 2023
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HKSAR
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v
I WRIGHT JAMES MICHAEL I
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K Before: Deputy District Judge Casewell K
Date: 27 December 2024
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Present: Mr Siu Kwan Yu, Kenny, Public Prosecutor of the
M Department of Justice, for HKSAR M
Mr Donald Richard David and Miss Chu Wing Yee, Wendy,
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instructed by Keith Lam Lau & Chan, assigned by the
O Director of Legal Aid, for the defendant O
Offence: Wounding（傷人）
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REASONS FOR SENTENCE R
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1. The defendant, Mr Wright, has been convicted after trial of a
C single charge of wounding, contrary to Section 19 of the Offences Against C
the Persons Ordinance, Cap 212.
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E 2. I have already dealt at some length with the rather unique E
circumstances of this conviction and I do not propose to rehash them at this
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stage. Suffice to say that as far as culpability is concerned, I note that
G almost all of the evidence was agreed in the case and the single issue the G
court was required to decide was the question of recklessness. The
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prosecution case was never posited on the basis that the wound that was
I caused in this criminal case was one that was caused intentionally, it was I
put forward on the basis that it was a reckless wounding caused by the
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defendant’s reckless use of a bow and arrow set at his place of employment
K and the defendant was convicted on that basis. I do note, as I have already K
said, most of the evidence was agreed and this single issue was the issue
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left to be determined. In my view, that does not put this into the category
M of case where an immediate sentence of imprisonment is required from the M
defendant.
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O 3. The legislation itself, the section of the ordinance I am dealing O
with, restricts the sentences available to the court, a suspended sentence of
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imprisonment not being available in this charge. Having regard to those
Q factors and having regard to the defendant’s personal factors, he is a young Q
man of clear record, good working history and well thought of, I have
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decided, aside from the plea of not guilty, he would fit all the requirements
S of a Community Service Order and it is a proper sentence in respect of an S
offence of this nature.
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4. A Community Service Report has been obtained and it is a
C very positive one that recommends the defendant as a person who is C
suitable for such an order. Such an order is available for him to be served
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and he is suitable for it. So in those circumstances, it would appear to be
E the proper order of the court, having regard to all the factors I have already E
set out, is that I should impose a Community Service Order on the
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defendant.
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5. Now as far as the defendant is concerned, a Community
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Service Order is an order that is required to be done by consent, you have
I got to consent to this order. So you have got to know something about it I
and give an informed consent to it. The length of that order is on my
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determination to be one of 160 hours. You must generally keep the peace
K and be of good behaviour obviously during the course of this order. K
Commit any further offence, you will be liable to be brought back to this
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court and sentenced again for this offence if that happens during the
M currency of your Community Service Order. Now you are required under M
the order to complete the work that is allocated to you to the satisfaction of
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the supervising officer within the time allocated to you. There is also going
O to be a further condition in this order that you promise to submit to random O
urine samples as directed by the Community Service Supervision Officer.
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Right, now those are the conditions that you must comply with. As I have
Q already said, any breach of those conditions and you can be brought back Q
to this court and also sentenced again for the offence for which you were
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originally convicted.
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6. You must also comply with the reporting condition for this
C order which is to report to Ms Tsang of the High Court Probation Office C
on 27 December at 2 pm.
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E 7. So the order of the court will be one of 160 hours of E
community service for the defendant.
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( Casewell )
Deputy District Judge
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