由此
A A
B DCCC 1129/2015 B
C C
IN THE DISTRICT COURT OF THE
D
HONG KONG SPECIAL ADMINISTRATIVE REGION D
CRIMINAL CASE NO. 1129 OF 2015
E E
____________
F F
HKSAR
G G
v
H H
CHEUNG Tin-lung
I ____________ I
J J
Before : H.H. Judge G. Lam
K Date : 3 June 2016 K
Present : Mr. Manuel CHONG, counsel on fiat, for HKSAR.
L Mr. Eric YUEN instructed by M/s Li & Partners, L
assigned by the Director of Legal Aid, for the
M defendant. M
Offences : (1) & (2) Wounding with intent（意圖傷人）
N (3) Possession of an offensive weapon in a public N
place（在公眾地方管有攻擊性武器）
O O
P REASONS FOR SENTENCE P
Q Q
R
The defendant pleaded guilty to 2 charges of "Wounding with R
intent" (Charges 1 and 2) and 1 charge of "Possession of an offensive
S S
weapon in a public place" (Charge 3).
T T
U U
V V
由此
- 2 -
A A
Summary of Facts
B B
C 2. About 7:20 a.m. on 19 October 2015, the defendant walked C
D into the Report Room of Western Police Station. He told Sgt HONG (PW3) D
E
that he wanted to come in for a seat. He sat down in front of PW3, who E
carried on with his work. PW3 later heard the defendant talking to himself.
F F
G G
3. About 5 minutes later, the defendant said he wanted to go to the
H H
Social Welfare Department and left the Report Room. Another 5 minutes
I I
later, the defendant returned to the Report Room requesting to make a phone
J J
call. PW3 told him to use a particular phone nearby. The defendant picked
K K
up the phone, but PW3 did not hear him saying anything. The defendant left
L the Report Room about 3 minutes later. L
M M
N Charge 1 N
O O
4. About 7:30 a.m. on the same day, Mr. LAM (PW1; aged 65)
P P
was on his way home. He reached the junction between Western Street and
Q Des Voeux Road West near Western Police Station. When PW1 was Q
R crossing the road, the defendant, who was holding a knife in his right hand R
S
and wearing a fierce facial expression, rushed towards PW1. He thrust the S
knife towards PW1's abdomen. PW1 swiped the knife away with his right
T T
U U
V V
由此
- 3 -
A A
hand and ran towards Centre Street. The defendant did not give chase; he
B B
pursued 2 other women instead.
C C
D D
5. PW1 stopped to catch his breath at Chung Ching Street. He
E E
soon heard sound of police vehicles and went to have look. Police officers
F F
brought him to ambulancemen across the road. PW1 claimed that he was
G only injured slightly at his right wrist and abdomen. G
H H
I 6. PW1 had never seen the defendant before; and defendant did I
J
not say anything during the attack. PW1 later identified the defendant to the J
Police outside No.260 Des Voeux Road West ("the Supermarket").
K K
L L
Charge 2
M M
N 7. About 7:40 in the same morning, Madam CHAN (PW2; aged N
45) left home for her morning exercise. When she reached the junction
O O
between Western Street and Des Voeux Road West, she saw a Chinese
P P
female running uphill along Western Street. At the same time, she saw a
Q Q
person (later confirmed to be the defendant) in a black top holding a knife in
R R
his right hand. She also heard someone shouting "Chopping people".
S S
T T
U U
V V
由此
- 4 -
A A
8. PW2 was scared and turned around immediately to go uphill
B B
along Western Street. As she turned around, PW2 felt her left shoulder
C C
being chopped with great force. She was in pain but kept on running. She
D D
fell down on the ground near the main entrance of Western Police Station.
E E
Meanwhile, PW2's left arm was chopped once. She used all her strength to
F F
escape. As she was getting up, her waist was chopped once. She managed
G to run across the road, and eventually stopped outside a shopping centre G
H situated at Nos.259-269 Des Voeux Road West. H
I I
J
9. About the same time, PW3 looked outside from the Report J
Room. He saw the defendant holding a knife in his right hand and chopping
K K
a woman who had fallen on the ground. The woman tried to escape by
L L
running towards eastbound Des Voeux Road West. The defendant
M M
continued to brandish his knife. PW3 immediately requested assistance
N N
through his beat radio.
O O
P P
Charge 3
Q Q
10. Back-up soon arrived. At near the Supermarket, 2 Station
R R
Sergeants drew their pistols to warn the defendant. He let go of the knife in
S S
his hand and was subdued by other police officers. In the process, another
T T
U U
V V
由此
- 5 -
A A
knife (almost identical to the one he was holding) dropped out of the
B B
defendant's shoulder bag.
C C
D D
11. Outside the Supermarket, PW2 identified the defendant as the
E E
assailant. She had no grudges against any person and did not owe any debt.
F F
G Injuries of the Victims G
H H
12. Both PW1 and PW2 were sent to Queen Mary Hospital. PW1
I I
had a cut wound on his right wrist.
J J
K K
13. PW2 sustained the following injuries :-
L L
(i) a laceration of about 8.5 cm over her right lower back with
M M
depth of about 1.5 cm involving underlying muscles;
N N
(ii) a 7 cm longitudinal laceration over left posterior deltoid region
O which involved muscle fibers; and O
P P
(iii) a 5 cm transverse laceration at her left posterior distal arm; the
Q
mid-portion of the wound involved the muscle fascia.
Q
R R
Her chop wounds were sutured uneventfully. Post-operative course was
S smooth. She was discharged 3 days later on 22 October 2015. S
T T
U U
V V
由此
- 6 -
A A
Admissions
B B
C 14. The defendant was admitted to Castle Peak Hospital after the C
D offences. With doctor's permission, a video recorded interview was D
E
conducted at the hospital in the presence of the defendant's sister and E
counsellor. Under caution, the defendant admitted that he went to Western
F F
Police Station earlier, but could not remember what happened afterwards.
G G
He denied ownership of the 2 knives seized.
H H
I I
15. According to the psychiatrist's reports1 obtained before plea,
J J
the defendant had persecutory delusions. He was suffering from paranoid
K K
schizophrenia. He told the doctors that he wanted to "make a scene" in order
L to gain attention from the Police. He claimed that he knows he had done L
M something wrong. He is mentally fit to plead. M
N N
Mitigation & Sentence
O O
P P
16. The defendant is 43 and single. He has 3 conviction records,
Q which included 2 violence-related offences. Defence counsel Mr. YUEN Q
R informed me that the defendant resides alone, but maintains contact with his R
S
family members. S
T 1
By Dr. Amy LIU (dated 28 October 2015 and 12 May 2016); Dr. CHING Wing Ka (dated 30 October T
2015); and Dr. Jane SO (dated 12 May 2016).
U U
V V
由此
- 7 -
A A
17. In mitigation, Mr. YUEN submitted that the defendant was
B B
admitted to Castle Peak Hospital for his psychiatric illness in August 2015.
C C
He was discharged in mid-October 2015. The present case took place 1 day
D D
before his follow-up appointment. Mr. YUEN stressed that neither PW1
E E
nor PW2 sustained any permanent injuries.
F F
G 18. This is indeed a tragic case. Innocent passers-by who were G
H complete strangers to the defendant were injured. It must have been a H
I devastating and traumatic experience for them. I
J J
19. The 2 pre-sentencing psychiatrist's reports revealed that the
K K
defendant suffers from schizophrenia, with a history of polysubstance abuse.
L L
In view of his limited insight, florid psychotic symptoms at relapse and
M M
serious violent behaviour under psychotic influence, both doctors
N N
recommended a Hospital Order for a period of 6-8 months.
O O
P P
20. Sentencing of wounding offences is case specific and there is
Q no tariff as such. Sentences in the range of 3 to 12 years' imprisonment are Q
R by no means uncommon. It is plain that defendant is a psychiatric patient R
S
who needs professional in-patient treatment. Furthermore, at present, he S
poses a danger to the community. I am aware of the gravity of the offences,
T T
U U
V V
由此
- 8 -
A A
but cannot ignore the defendant's need for psychiatric treatment. Although a
B B
Hospital Order for 6-8 months may seem to be a comparatively short period
C C
of incarceration, sentencing the defendant to a prison term may not be the
D D
best option. In the present case, a Hospital Order for 6-8 months is
E E
nevertheless a sentence commensurate with the seriousness of his conduct.
F F
G 21. If the defendant is sentenced to imprisonment, he would be G
H released into the community at the end of his prison term irrespective of his H
I psychiatric condition. A Hospital Order, however, carries with it a proviso I
J
under section 47(2) of the Mental Health Ordinance (Cap.136), which in J
effect stipulates that his release will be subject to medical opinion. This
K K
proviso offers a safeguarding mechanism which ensures that the defendant
L L
would not be released unless it is safe for him and the community to do so.
M M
N N
22. Based on the reasons stated above, I consider that it is in the
O O
community's best interest as well as the defendant's to make a Hospital
P P
Order in accordance with the psychiatrists' recommendations. Hence, for
Q Charges 1 and 2, I sentence the defendant to detention under a Hospital Q
R Order in Siu Lam Psychiatric Centre for 8 months. For the avoidance of R
S
doubt, the proviso under section 47(2) applies. S
T T
U U
V V
由此
- 9 -
A A
23. For Charge 3, I am aware of the mandatory sentence stipulated
B B
under section 33(2)(d) of the Public Order Ordinance (Cap.245).
C C
Prosecuting counsel Mr. CHONG has helpfully drawn my attention to a few
D D
2
cases . Mr. YUEN has also reminded me that the defendant has been in jail
E E
custody for almost 8 months. The knife in relation to Charge 3 was never
F F
used; it was kept in the defendant's shoulder bag all along. In my view, it
G was merely incidental to Charges 1 and 2. I adopt a starting point of 6 G
H months' imprisonment. With the guilty plea, the sentence is reduced to 4 H
I months. I sentence the defendant to 4 months' imprisonment. This way, the I
J
sentence for Charge 3 would not hinder the court from making a Hospital J
Order, which is for the benefit of both the defendant and the community.
K K
L L
M M
N N
(G. Lam)
O District Judge O
P P
Q Q
R R
S S
T 2
HKSAR v Mahmood Ahmed HCMA 890/2003, 香港特別行政區 訴 余庭湛 CACC 129/2002, and T
The Queen v TSO Siu Yeung HCMA 1357/1996.
U U
V V
由此
A A
B DCCC 1129/2015 B
C C
IN THE DISTRICT COURT OF THE
D
HONG KONG SPECIAL ADMINISTRATIVE REGION D
CRIMINAL CASE NO. 1129 OF 2015
E E
____________
F F
HKSAR
G G
v
H H
CHEUNG Tin-lung
I ____________ I
J J
Before : H.H. Judge G. Lam
K Date : 3 June 2016 K
Present : Mr. Manuel CHONG, counsel on fiat, for HKSAR.
L Mr. Eric YUEN instructed by M/s Li & Partners, L
assigned by the Director of Legal Aid, for the
M defendant. M
Offences : (1) & (2) Wounding with intent（意圖傷人）
N (3) Possession of an offensive weapon in a public N
place（在公眾地方管有攻擊性武器）
O O
P REASONS FOR SENTENCE P
Q Q
R
The defendant pleaded guilty to 2 charges of "Wounding with R
intent" (Charges 1 and 2) and 1 charge of "Possession of an offensive
S S
weapon in a public place" (Charge 3).
T T
U U
V V
由此
- 2 -
A A
Summary of Facts
B B
C 2. About 7:20 a.m. on 19 October 2015, the defendant walked C
D into the Report Room of Western Police Station. He told Sgt HONG (PW3) D
E
that he wanted to come in for a seat. He sat down in front of PW3, who E
carried on with his work. PW3 later heard the defendant talking to himself.
F F
G G
3. About 5 minutes later, the defendant said he wanted to go to the
H H
Social Welfare Department and left the Report Room. Another 5 minutes
I I
later, the defendant returned to the Report Room requesting to make a phone
J J
call. PW3 told him to use a particular phone nearby. The defendant picked
K K
up the phone, but PW3 did not hear him saying anything. The defendant left
L the Report Room about 3 minutes later. L
M M
N Charge 1 N
O O
4. About 7:30 a.m. on the same day, Mr. LAM (PW1; aged 65)
P P
was on his way home. He reached the junction between Western Street and
Q Des Voeux Road West near Western Police Station. When PW1 was Q
R crossing the road, the defendant, who was holding a knife in his right hand R
S
and wearing a fierce facial expression, rushed towards PW1. He thrust the S
knife towards PW1's abdomen. PW1 swiped the knife away with his right
T T
U U
V V
由此
- 3 -
A A
hand and ran towards Centre Street. The defendant did not give chase; he
B B
pursued 2 other women instead.
C C
D D
5. PW1 stopped to catch his breath at Chung Ching Street. He
E E
soon heard sound of police vehicles and went to have look. Police officers
F F
brought him to ambulancemen across the road. PW1 claimed that he was
G only injured slightly at his right wrist and abdomen. G
H H
I 6. PW1 had never seen the defendant before; and defendant did I
J
not say anything during the attack. PW1 later identified the defendant to the J
Police outside No.260 Des Voeux Road West ("the Supermarket").
K K
L L
Charge 2
M M
N 7. About 7:40 in the same morning, Madam CHAN (PW2; aged N
45) left home for her morning exercise. When she reached the junction
O O
between Western Street and Des Voeux Road West, she saw a Chinese
P P
female running uphill along Western Street. At the same time, she saw a
Q Q
person (later confirmed to be the defendant) in a black top holding a knife in
R R
his right hand. She also heard someone shouting "Chopping people".
S S
T T
U U
V V
由此
- 4 -
A A
8. PW2 was scared and turned around immediately to go uphill
B B
along Western Street. As she turned around, PW2 felt her left shoulder
C C
being chopped with great force. She was in pain but kept on running. She
D D
fell down on the ground near the main entrance of Western Police Station.
E E
Meanwhile, PW2's left arm was chopped once. She used all her strength to
F F
escape. As she was getting up, her waist was chopped once. She managed
G to run across the road, and eventually stopped outside a shopping centre G
H situated at Nos.259-269 Des Voeux Road West. H
I I
J
9. About the same time, PW3 looked outside from the Report J
Room. He saw the defendant holding a knife in his right hand and chopping
K K
a woman who had fallen on the ground. The woman tried to escape by
L L
running towards eastbound Des Voeux Road West. The defendant
M M
continued to brandish his knife. PW3 immediately requested assistance
N N
through his beat radio.
O O
P P
Charge 3
Q Q
10. Back-up soon arrived. At near the Supermarket, 2 Station
R R
Sergeants drew their pistols to warn the defendant. He let go of the knife in
S S
his hand and was subdued by other police officers. In the process, another
T T
U U
V V
由此
- 5 -
A A
knife (almost identical to the one he was holding) dropped out of the
B B
defendant's shoulder bag.
C C
D D
11. Outside the Supermarket, PW2 identified the defendant as the
E E
assailant. She had no grudges against any person and did not owe any debt.
F F
G Injuries of the Victims G
H H
12. Both PW1 and PW2 were sent to Queen Mary Hospital. PW1
I I
had a cut wound on his right wrist.
J J
K K
13. PW2 sustained the following injuries :-
L L
(i) a laceration of about 8.5 cm over her right lower back with
M M
depth of about 1.5 cm involving underlying muscles;
N N
(ii) a 7 cm longitudinal laceration over left posterior deltoid region
O which involved muscle fibers; and O
P P
(iii) a 5 cm transverse laceration at her left posterior distal arm; the
Q
mid-portion of the wound involved the muscle fascia.
Q
R R
Her chop wounds were sutured uneventfully. Post-operative course was
S smooth. She was discharged 3 days later on 22 October 2015. S
T T
U U
V V
由此
- 6 -
A A
Admissions
B B
C 14. The defendant was admitted to Castle Peak Hospital after the C
D offences. With doctor's permission, a video recorded interview was D
E
conducted at the hospital in the presence of the defendant's sister and E
counsellor. Under caution, the defendant admitted that he went to Western
F F
Police Station earlier, but could not remember what happened afterwards.
G G
He denied ownership of the 2 knives seized.
H H
I I
15. According to the psychiatrist's reports1 obtained before plea,
J J
the defendant had persecutory delusions. He was suffering from paranoid
K K
schizophrenia. He told the doctors that he wanted to "make a scene" in order
L to gain attention from the Police. He claimed that he knows he had done L
M something wrong. He is mentally fit to plead. M
N N
Mitigation & Sentence
O O
P P
16. The defendant is 43 and single. He has 3 conviction records,
Q which included 2 violence-related offences. Defence counsel Mr. YUEN Q
R informed me that the defendant resides alone, but maintains contact with his R
S
family members. S
T 1
By Dr. Amy LIU (dated 28 October 2015 and 12 May 2016); Dr. CHING Wing Ka (dated 30 October T
2015); and Dr. Jane SO (dated 12 May 2016).
U U
V V
由此
- 7 -
A A
17. In mitigation, Mr. YUEN submitted that the defendant was
B B
admitted to Castle Peak Hospital for his psychiatric illness in August 2015.
C C
He was discharged in mid-October 2015. The present case took place 1 day
D D
before his follow-up appointment. Mr. YUEN stressed that neither PW1
E E
nor PW2 sustained any permanent injuries.
F F
G 18. This is indeed a tragic case. Innocent passers-by who were G
H complete strangers to the defendant were injured. It must have been a H
I devastating and traumatic experience for them. I
J J
19. The 2 pre-sentencing psychiatrist's reports revealed that the
K K
defendant suffers from schizophrenia, with a history of polysubstance abuse.
L L
In view of his limited insight, florid psychotic symptoms at relapse and
M M
serious violent behaviour under psychotic influence, both doctors
N N
recommended a Hospital Order for a period of 6-8 months.
O O
P P
20. Sentencing of wounding offences is case specific and there is
Q no tariff as such. Sentences in the range of 3 to 12 years' imprisonment are Q
R by no means uncommon. It is plain that defendant is a psychiatric patient R
S
who needs professional in-patient treatment. Furthermore, at present, he S
poses a danger to the community. I am aware of the gravity of the offences,
T T
U U
V V
由此
- 8 -
A A
but cannot ignore the defendant's need for psychiatric treatment. Although a
B B
Hospital Order for 6-8 months may seem to be a comparatively short period
C C
of incarceration, sentencing the defendant to a prison term may not be the
D D
best option. In the present case, a Hospital Order for 6-8 months is
E E
nevertheless a sentence commensurate with the seriousness of his conduct.
F F
G 21. If the defendant is sentenced to imprisonment, he would be G
H released into the community at the end of his prison term irrespective of his H
I psychiatric condition. A Hospital Order, however, carries with it a proviso I
J
under section 47(2) of the Mental Health Ordinance (Cap.136), which in J
effect stipulates that his release will be subject to medical opinion. This
K K
proviso offers a safeguarding mechanism which ensures that the defendant
L L
would not be released unless it is safe for him and the community to do so.
M M
N N
22. Based on the reasons stated above, I consider that it is in the
O O
community's best interest as well as the defendant's to make a Hospital
P P
Order in accordance with the psychiatrists' recommendations. Hence, for
Q Charges 1 and 2, I sentence the defendant to detention under a Hospital Q
R Order in Siu Lam Psychiatric Centre for 8 months. For the avoidance of R
S
doubt, the proviso under section 47(2) applies. S
T T
U U
V V
由此
- 9 -
A A
23. For Charge 3, I am aware of the mandatory sentence stipulated
B B
under section 33(2)(d) of the Public Order Ordinance (Cap.245).
C C
Prosecuting counsel Mr. CHONG has helpfully drawn my attention to a few
D D
2
cases . Mr. YUEN has also reminded me that the defendant has been in jail
E E
custody for almost 8 months. The knife in relation to Charge 3 was never
F F
used; it was kept in the defendant's shoulder bag all along. In my view, it
G was merely incidental to Charges 1 and 2. I adopt a starting point of 6 G
H months' imprisonment. With the guilty plea, the sentence is reduced to 4 H
I months. I sentence the defendant to 4 months' imprisonment. This way, the I
J
sentence for Charge 3 would not hinder the court from making a Hospital J
Order, which is for the benefit of both the defendant and the community.
K K
L L
M M
N N
(G. Lam)
O District Judge O
P P
Q Q
R R
S S
T 2
HKSAR v Mahmood Ahmed HCMA 890/2003, 香港特別行政區 訴 余庭湛 CACC 129/2002, and T
The Queen v TSO Siu Yeung HCMA 1357/1996.
U U
V V