區域法院（刑事）Deputy District Judge M Chow4/9/2023[2023] HKDC 1324
DCCC672/2022
A A
B B
DCCC 672/2022
C [2023] HKDC 1324 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 672 OF 2022
F F
G -------------------------------------- G
HKSAR
H H
v
I ALI KHURRAM I
--------------------------------------
J J
K Before: Deputy District Judge M Chow in Court K
Date: 5 September 2023
L L
Present: Miss Lai Lok Ue, Karinna, Public Prosecutor, for
M HKSAR/Director of Public Prosecutions M
Mr Corlett Marc Andrew, instructed by Liu Chan & Lam,
N N
assigned by the Director of Legal Aid, for the defendant
O Offence: [1] Assault occasioning actual bodily harm（襲擊他人致造 O
P
成身體傷害） P
[2] Wounding with intent（有意圖而傷人）
Q Q
[3] Contravention of requirement to wear mask in specified
R public place during specified period（違反在指明期間內 R
在指明公眾地方佩戴口罩的規定）
S S
T T
U U
V V
-2-
A A
B B
--------------------------------------
C REASONS FOR SENTENCE C
--------------------------------------
D D
E 1. The defendant pleaded guilty to 3 charges – E
F F
(a) Charge 1: assault occasioning actual bodily harm
G contrary to s 39 of the offences against Persons G
Ordinance, Cap 212;
H H
I (b) Charge 2: wounding with intent, contrary to s 17(a) of I
the Offences against the person Ordinance, Cap 212;
J J
K (c) Charge 3: failed to wear a face mask in a public place, K
contrary to s 5A(1) and 6(1) of the Prevention and
L L
Control of Disease (Wearing of Mask) Regulation, Cap
M 599I. M
N N
SUMMARY OF FACTS
O O
Charge 1
P P
Q 2. At around 10:05 am on 3 March, 2022, PW1 was waiting a Q
bus stop, he suddenly received one blow from a hard object on top of his
R R
head from behind. PW1 turned around and the defendant was holding a
S metal silver plate in his hand. The defendant murmured a while, he then S
assaulted at PW1 at the left side of his head with the metal plate.
T T
U U
V V
-3-
A A
B B
3. As a result of which, PW1 suffered a 2 cm wound abrasion on
C the right top of his head and a red mark on the left side of his head. C
D D
Charge 2
E E
4. At around 10:30 am on the same day, the D suddenly rushed
F F
towards PW2 and punched on chest with his fists for 6 times. The D then
G took out a silver hard object from his trousers pocket to hit on the head of G
PW2 three times.
H H
I 5. As a result of the attack, PW2 suffered a laceration wound of I
about 10 cm long over the left side of the forehead with underlying
J J
hematoma.
K K
Charge 3
L L
M 6. At 10:50 am on the same day, the police found the defendant M
in Nathan Road. He did not wear facial mask at that time.
N N
O 7. The police also found the metal plate in his trouser pocket. O
P P
CRIMINAL RECORD
Q Q
8. The defendant has a clear record
R R
S S
T T
U U
V V
-4-
A A
B B
C PERSONAL BACKGROUND OF THE DEFENDANT C
D D
9. He is aged 38. He came to Hong Kong from Pakistan in 2015,
E leaving his 2 teenage children in Pakistan. E
F F
10. He also has 2 children with his partner in Hong Kong. She
G failed to visit him and he has lost in touch with her. G
H H
11. He committed the present offences due to his partner failed to
I pay rent and the family was being evicted. He had not slept nor eaten for I
5 days, he went to the police station to ask to be arrested so that he could
J J
get off the street.
K K
12. In mitigation, the defence said that:-
L L
M (a) There was no premeditation to commit the present M
offences.
N N
O (b) The injuries suffered by PW1 were relatively minor. O
P P
(c) The D has a clear record; it was due to external stressors
Q that caused the D to act in a way that was out of his Q
character.
R R
S (d) He has insight into his problem, in his letter, he said he S
is very remorseful.
T T
U U
V V
-5-
A A
B B
REPORTS
C C
13. This court calls one psychiatric and one psychologist report.
D D
E Psychiatrist and Psychologist reports E
F F
14. The psychiatrist and psychologist reports all stated that the D
G did not suffer from any kind of mental illness. However, Dr Lui said that G
he has difficulty adjusting to the life situation at the time of the offence.
H H
I 15. While in the two psychiatric reports in March 2022, the I
defendant claimed that PW1 and PW2 were unfriendly to him as they
J J
shouted to him in foul language.
K K
16. The psychologist said that his risk of re-offending was
L L
assessed to be at the moderate range.
M M
SENTENCE
N N
O 17. The maximum sentence for each charge:- O
P P
(a) Charge 1: 3 years
Q Q
(b) Charge 2: life imprisonment
R R
S (c) Charge 3: a fine of $10,000 S
T T
U U
V V
-6-
A A
B B
18. In paragraph 49 of the judgment in HKSAR v Chan Chun Tat
C [2013] 6 HKC 225 which has listed a number of relevant factors to be C
considered in determining the gravity of the offence and culpability of the
D D
offender in the assault charges, in the present case:-
E E
(i) Both victims do not know the defendant, they were just
F F
pedestrians in the street at that time.
G G
(ii) There were no signs of provocation from the victims.
H H
I (iii) The defendant was homeless at that time and had no I
foods for days, he committed the present offence just to
J J
get off the street. He randomly picked up two victims
K to attack them. K
L L
(iv) We all have the opportunity to examine the weapon in
M court. It was a brand new blade which was a kind of M
spare part used in industrial tools. It was 5 cm in
N N
diameter, round in shape and the edge was not as sharp
O as a knife. O
P P
(v) The point of contact should be a small one as the
Q surface of forehead of PW2 is slightly curved. It means Q
the defendant having found a contact point on PW2’s
R R
forehead, he rolled the blade onto the forehead of PW1.
S It resulted with a scar of 10 cm long. S
T T
U U
V V
-7-
A A
B B
(vi) As said before, the attack was unprovoked and they did
C not know each other, the victims did not expect to be C
attacked in such a circumstances, they did not have
D D
anything to protect themselves.
E E
(vii) As his counsel rightly put it that it was a nasty attack on
F F
PW2. The defendant’s conduct was totally outrageous.
G G
(viii) The defendant is a Form 8 holder and I consider that as
H H
an aggravator factor.
I I
(ix) The injuries:-
J J
K (a) PW1 suffered a 2 cm wound of abrasion on the K
top of his head and a red mark on the left side of
L L
his head.
M M
(b) PW2 had a laceration wound of about 10 cm long
N N
on his forehead with underlying haematoma.
O O
(c) From the photos, I can see that the scar has a very
P P
predominant line over the forehead of PW2 and
Q needless to say, it affects his facial appearance. Q
R R
19. As to charge 3, it was mandatory at the time of pandemic that
S the Defendant is required to wear mask for personal protection and a S
safeguard to the general public.
T T
U U
V V
-8-
A A
B B
20. As the D pleaded guilty to the first day of the trial, he is not
C entitled to the usual 1/3 discount. C
D D
21. Having regards to all the circumstances of the case, I consider
E that 25% discount is appropriate :- E
F F
(a) Charge 1: a starting point of 6 months, I reduce the
G sentence to 4.5 months. G
H H
(b) Charge 2: a starting point of 3 years and 3 months
I I
As the defendant is a Form 8 holder, this is regard as an
J J
aggravating factor, starting point is to be enhanced by
K 3 months. That arrives at 3 years and 6 months, given K
25% discount, the sentence is reduced to 31 months and
L L
2 weeks.
M M
I order 2 months from Charge 1 to run consecutively to
N N
Charge 2. It arrives at a total of 33 months and 2 weeks’
O imprisonment. O
P P
(c) Charge 3: a fine of $500.
Q Q
The defendant is given a period of 3 days to pay, failure
R R
to pay the fine within 3 days, the defendant is ordered
S to serve a term of 3 days’ imprisonment and be run S
consecutively to Charges 1 and 2.
T T
U U
V V
-9-
A A
B B
C ( M Chow ) C
Deputy District Judge
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
V V
A A
B B
DCCC 672/2022
C [2023] HKDC 1324 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 672 OF 2022
F F
G -------------------------------------- G
HKSAR
H H
v
I ALI KHURRAM I
--------------------------------------
J J
K Before: Deputy District Judge M Chow in Court K
Date: 5 September 2023
L L
Present: Miss Lai Lok Ue, Karinna, Public Prosecutor, for
M HKSAR/Director of Public Prosecutions M
Mr Corlett Marc Andrew, instructed by Liu Chan & Lam,
N N
assigned by the Director of Legal Aid, for the defendant
O Offence: [1] Assault occasioning actual bodily harm（襲擊他人致造 O
P
成身體傷害） P
[2] Wounding with intent（有意圖而傷人）
Q Q
[3] Contravention of requirement to wear mask in specified
R public place during specified period（違反在指明期間內 R
在指明公眾地方佩戴口罩的規定）
S S
T T
U U
V V
-2-
A A
B B
--------------------------------------
C REASONS FOR SENTENCE C
--------------------------------------
D D
E 1. The defendant pleaded guilty to 3 charges – E
F F
(a) Charge 1: assault occasioning actual bodily harm
G contrary to s 39 of the offences against Persons G
Ordinance, Cap 212;
H H
I (b) Charge 2: wounding with intent, contrary to s 17(a) of I
the Offences against the person Ordinance, Cap 212;
J J
K (c) Charge 3: failed to wear a face mask in a public place, K
contrary to s 5A(1) and 6(1) of the Prevention and
L L
Control of Disease (Wearing of Mask) Regulation, Cap
M 599I. M
N N
SUMMARY OF FACTS
O O
Charge 1
P P
Q 2. At around 10:05 am on 3 March, 2022, PW1 was waiting a Q
bus stop, he suddenly received one blow from a hard object on top of his
R R
head from behind. PW1 turned around and the defendant was holding a
S metal silver plate in his hand. The defendant murmured a while, he then S
assaulted at PW1 at the left side of his head with the metal plate.
T T
U U
V V
-3-
A A
B B
3. As a result of which, PW1 suffered a 2 cm wound abrasion on
C the right top of his head and a red mark on the left side of his head. C
D D
Charge 2
E E
4. At around 10:30 am on the same day, the D suddenly rushed
F F
towards PW2 and punched on chest with his fists for 6 times. The D then
G took out a silver hard object from his trousers pocket to hit on the head of G
PW2 three times.
H H
I 5. As a result of the attack, PW2 suffered a laceration wound of I
about 10 cm long over the left side of the forehead with underlying
J J
hematoma.
K K
Charge 3
L L
M 6. At 10:50 am on the same day, the police found the defendant M
in Nathan Road. He did not wear facial mask at that time.
N N
O 7. The police also found the metal plate in his trouser pocket. O
P P
CRIMINAL RECORD
Q Q
8. The defendant has a clear record
R R
S S
T T
U U
V V
-4-
A A
B B
C PERSONAL BACKGROUND OF THE DEFENDANT C
D D
9. He is aged 38. He came to Hong Kong from Pakistan in 2015,
E leaving his 2 teenage children in Pakistan. E
F F
10. He also has 2 children with his partner in Hong Kong. She
G failed to visit him and he has lost in touch with her. G
H H
11. He committed the present offences due to his partner failed to
I pay rent and the family was being evicted. He had not slept nor eaten for I
5 days, he went to the police station to ask to be arrested so that he could
J J
get off the street.
K K
12. In mitigation, the defence said that:-
L L
M (a) There was no premeditation to commit the present M
offences.
N N
O (b) The injuries suffered by PW1 were relatively minor. O
P P
(c) The D has a clear record; it was due to external stressors
Q that caused the D to act in a way that was out of his Q
character.
R R
S (d) He has insight into his problem, in his letter, he said he S
is very remorseful.
T T
U U
V V
-5-
A A
B B
REPORTS
C C
13. This court calls one psychiatric and one psychologist report.
D D
E Psychiatrist and Psychologist reports E
F F
14. The psychiatrist and psychologist reports all stated that the D
G did not suffer from any kind of mental illness. However, Dr Lui said that G
he has difficulty adjusting to the life situation at the time of the offence.
H H
I 15. While in the two psychiatric reports in March 2022, the I
defendant claimed that PW1 and PW2 were unfriendly to him as they
J J
shouted to him in foul language.
K K
16. The psychologist said that his risk of re-offending was
L L
assessed to be at the moderate range.
M M
SENTENCE
N N
O 17. The maximum sentence for each charge:- O
P P
(a) Charge 1: 3 years
Q Q
(b) Charge 2: life imprisonment
R R
S (c) Charge 3: a fine of $10,000 S
T T
U U
V V
-6-
A A
B B
18. In paragraph 49 of the judgment in HKSAR v Chan Chun Tat
C [2013] 6 HKC 225 which has listed a number of relevant factors to be C
considered in determining the gravity of the offence and culpability of the
D D
offender in the assault charges, in the present case:-
E E
(i) Both victims do not know the defendant, they were just
F F
pedestrians in the street at that time.
G G
(ii) There were no signs of provocation from the victims.
H H
I (iii) The defendant was homeless at that time and had no I
foods for days, he committed the present offence just to
J J
get off the street. He randomly picked up two victims
K to attack them. K
L L
(iv) We all have the opportunity to examine the weapon in
M court. It was a brand new blade which was a kind of M
spare part used in industrial tools. It was 5 cm in
N N
diameter, round in shape and the edge was not as sharp
O as a knife. O
P P
(v) The point of contact should be a small one as the
Q surface of forehead of PW2 is slightly curved. It means Q
the defendant having found a contact point on PW2’s
R R
forehead, he rolled the blade onto the forehead of PW1.
S It resulted with a scar of 10 cm long. S
T T
U U
V V
-7-
A A
B B
(vi) As said before, the attack was unprovoked and they did
C not know each other, the victims did not expect to be C
attacked in such a circumstances, they did not have
D D
anything to protect themselves.
E E
(vii) As his counsel rightly put it that it was a nasty attack on
F F
PW2. The defendant’s conduct was totally outrageous.
G G
(viii) The defendant is a Form 8 holder and I consider that as
H H
an aggravator factor.
I I
(ix) The injuries:-
J J
K (a) PW1 suffered a 2 cm wound of abrasion on the K
top of his head and a red mark on the left side of
L L
his head.
M M
(b) PW2 had a laceration wound of about 10 cm long
N N
on his forehead with underlying haematoma.
O O
(c) From the photos, I can see that the scar has a very
P P
predominant line over the forehead of PW2 and
Q needless to say, it affects his facial appearance. Q
R R
19. As to charge 3, it was mandatory at the time of pandemic that
S the Defendant is required to wear mask for personal protection and a S
safeguard to the general public.
T T
U U
V V
-8-
A A
B B
20. As the D pleaded guilty to the first day of the trial, he is not
C entitled to the usual 1/3 discount. C
D D
21. Having regards to all the circumstances of the case, I consider
E that 25% discount is appropriate :- E
F F
(a) Charge 1: a starting point of 6 months, I reduce the
G sentence to 4.5 months. G
H H
(b) Charge 2: a starting point of 3 years and 3 months
I I
As the defendant is a Form 8 holder, this is regard as an
J J
aggravating factor, starting point is to be enhanced by
K 3 months. That arrives at 3 years and 6 months, given K
25% discount, the sentence is reduced to 31 months and
L L
2 weeks.
M M
I order 2 months from Charge 1 to run consecutively to
N N
Charge 2. It arrives at a total of 33 months and 2 weeks’
O imprisonment. O
P P
(c) Charge 3: a fine of $500.
Q Q
The defendant is given a period of 3 days to pay, failure
R R
to pay the fine within 3 days, the defendant is ordered
S to serve a term of 3 days’ imprisonment and be run S
consecutively to Charges 1 and 2.
T T
U U
V V
-9-
A A
B B
C ( M Chow ) C
Deputy District Judge
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
V V