區域法院（刑事）Deputy District Judge Ivy Chui2/2/2026[2026] HKDC 214
DCCC413/2025
A A
B B
DCCC 413/2025
C [2026] HKDC 214 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 413 OF 2025
F F
G ---------------------------------------- G
HKSAR
H H
v
I KHAN ILTAF I
----------------------------------------
J J
K Before: Deputy District Judge Ivy Chui in Court K
Date: 3 February 2026
L L
Present: Mr. Lee Samson Zi Jian, Public Prosecutor for HKSAR
M Mr. Corlett Marc Andrew, Counsel instructed by Messrs M
Littlewoods, assigned by Director of Legal Aid, for the
N N
Defendant
O O
Offences: Wounding with intent (有意圖而傷人)
P P
Q Q
----------------------------------------
R REASONS FOR SENTENCE R
----------------------------------------
S S
T T
U U
V V
-2-
A A
B B
Introduction
C C
1. The defendant appeared before me facing one count of
D D
wounding with intent, contrary to section 17(a) of the Offences against the
E Person Ordinance, Cap. 212. He pleaded guilty to the charge and admitted E
the facts presented by the Prosecution.
F F
G 2. The Facts Admitted G
H H
3. The defendant lived with KHAN Dildar (PW1), his father, at
I the material time. I
J J
4. At about 1:45 pm on 3 December 2024, after PW1 refused the
K defendant’s request to borrow money, the defendant lost his temper, K
pushed PW1 into the kitchen, and attacked his head with a knife and a fork,
L L
causing bleeding. The two later moved to the living room, where the
M defendant put down the knife and fork, picked up a foldable desk, and M
struck PW1’s head with it. The assault lasted for about 10 minutes, after
N N
which the defendant left the flat.
O O
5. At about 5:16 pm the same afternoon, PC24576 (PW2)
P P
intercepted the defendant in Sham Shui Po and observed bloodstains on his
Q Q
clothing. The defendant immediately admitted that he had assaulted his
R
father. Under caution and in a subsequent video-recorded interview, the R
defendant admitted that he became angry after PW1 refused to lend him
S S
money and used a knife, a fork, scissors, and later a foldable table to attack
T
PW1. T
U U
V V
-3-
A A
B B
6. PW1 was examined at Princess Margaret Hospital and was
C found to have multiple scalp lacerations, a nose bridge wound, a left ear C
laceration, bruising to several limbs, rib tenderness, and bleeding in the left
D D
external auditory canal. One deep scalp laceration required six stitches.
E E
Background and Criminal Record
F F
G 7. The defendant is 35 years old, born in Hong Kong, and G
educated up to Form 5. Although unemployed at the time of the offence,
H H
he has previously held a range of jobs, including salesman, kindergarten
I teacher, bartender, delivery worker, and waiter. He is married but has been I
separated from his wife since 2022, though they remain on good terms.
J J
K 8. The defendant has two previous criminal convictions. One of K
them, imposed on 29 March 2023, was a sentence of 14 days’
L L
imprisonment suspended for 12 months for assault occasioning actual
M bodily harm. That offence was of a similar nature and likewise involved M
violence. It cannot be ignored that the present offence was committed less
N N
than a year after the expiry of that suspended sentence, and again involved
O violence. O
P P
9. The defendant was also placed on a good behaviour bond of
Q Q
$2,000 for 24 months on 16 October 2024, with a specific condition that
R
he was not to commit any violence-related offences. The Court is informed R
that the victim in that case was likewise the defendant’s father. The present
S S
offence was therefore committed in breach of that good behaviour order,
T
and again involved violence. T
U U
V V
-4-
A A
B B
Mitigation
C C
10. Mr. Corlett, counsel representing the defendant, has provided
D D
me with a written submission for mitigation. It was said that the defendant
E has experienced a prolonged history of alcohol and drug misuse. It was E
submitted that at the time of the offence the defendant was intoxicated and
F F
had consumed “space oil” through an electronic cigarette, which may have
G contributed to his disinhibited and violent behaviour following the G
disagreement with his father. Mr. Corlett confirmed to the Court that,
H H
notwithstanding the defendant’s consumption of alcohol and “space oil”, it
I was not suggested that he was unaware of what he was doing or that he I
lacked the requisite intent.
J J
K 11. It was said that the defendant has previous convictions, but K
none approaching the seriousness of the present offence. The defendant
L L
enjoys strong and consistent family support. His parents, brother, and
M sisters visit him weekly in custody. Letters of support have been submitted, M
showing that the defendant comes from a close and loving family, is
N N
regarded as a kind and much-loved member, and that his father, the victim
O in this case, has forgiven him. The family expresses a clear intention to O
support him upon release, including providing accommodation with his
P P
brother.
Q Q
R
12. Mr. Corlett submitted that the defendant’s early guilty plea, R
his remorse, and the insight he has shown into the need to abstain from
S S
alcohol and drugs in future provide some assurance that he has taken
T
responsibility for his actions and will be released into an environment T
conducive to rehabilitation.
U U
V V
-5-
A A
B B
C 13. It was submitted that there are a number of salient features, C
namely that the attack was unprovoked, involved the use of weapons,
D D
entailed repeated blows to the head, and caused multiple injuries, one of
E which required six stitches. While acknowledging that sentencing for E
wounding with intent is highly fact-specific, Mr. Corlett referred me to
F F
Secretary for Justice v Chau Wan-fun, [2006] 3 HKLRD 577 and Secretary
G for Justice v Yu Yat-sang [2011] 1 HKC 155 as illustrations of sentences G
imposed in cases involving the use of weapons and blows to the head or
H H
upper body. On that basis, Mr. Corlett suggested that a starting point in
I the region of six years may be appropriate, subject to the usual discount for I
the early guilty plea. The defendant has been in custody since 10 December
J J
2024.
K K
Sentencing Considerations
L L
M 14. Wounding with intent is a particularly serious offence, M
carrying a maximum sentence of life imprisonment. As noted in Secretary
N N
for Justice v. Hau Ping Chuen (侯炳全) [2008] 4 HKLRD 673, sentences
O O
for this offence generally fall within a broad range of 3 to 12 years’
P imprisonment, depending on the circumstances. P
Q Q
15. In HKSAR v. Ma Tik Lun Dicky (馬迪倫) [2015] 1 HKLRD
R 380, the Court of Appeal reaffirmed, citing HKSAR v. Chan Chun Tat (陳 R
駿達) [2013] 6 HKC 225 that deterrent sentences are required. Relevant
S S
considerations include the degree of premeditation, motive, mental or
T T
emotional state, intoxication, whether the attack was individual or
U U
V V
-6-
A A
B B
group-based, the nature of the weapon, the degree of force used, the injuries
C sustained, and the impact on the victim and family. C
D D
16. In HKSAR v. Chui Kwok Ming (徐國明)CACC 380/2013, the
E Court of Appeal observed that aggravating features in cases of serious E
violence may include situations where the offender was the principal
F F
instigator, where others acted in concert, where the assault was not
G triggered by provocation, or where the offence was committed in a public G
place. The gravity of the conduct is further heightened where the assault
H H
continued after the victim had fallen or lost the ability to defend himself,
I or where the victim sustained serious or permanent injury. I
J J
17. The Court of Appeal has emphasized that there is no rigid
K tariff for wounding cases, given the wide variation in factual K
circumstances: see Secretary for Justice v. Hung Kar Chun ( 熊家駿 ),
L L
[2011] 1 HKLRD 1083.
M M
N 18. Applying these principles, I consider the present case to be a N
serious example of wounding with intent.
O O
P 19. I find that the defendant launched a sustained assault on his P
father, a vulnerable family member living under the same roof. The attack
Q Q
lasted about 10 minutes and involved multiple weapons, including a knife,
R a fork, and later a foldable desk. The use of sharp implements directed at R
the head carried an obvious and substantial risk of grave injury.
S S
T 20. The injuries, while not life-threatening, were multiple and T
significant. They included several scalp lacerations, an ear laceration,
U U
V V
-7-
A A
B B
bruising to the limbs, rib tenderness, and bleeding in the external auditory
C canal. One wound required six stitches. The harm was plainly not trivial. C
D D
21. The assault was not provoked in any meaningful sense. PW1
E merely refused to lend the defendant money. The defendant’s reaction was E
wholly disproportionate.
F F
G 22. It cannot be ignored that the offence occurred within the G
family home and was directed at the defendant’s father. This is a serious
H H
aggravating factor. Where violence occurs in a domestic setting,
I culpability is heightened. In Chan Chun Tat, the Court stressed that I
domestic violence requires sentences reflecting condemnation. This
J J
accords with the remarks of P. Chan CJHC (as he then was) in Secretary
K for Justice v. Lui Jiu ( 呂 瑤 ) [1995-2000] HKCLRT 319, where His K
Lordship observed that although emotional turmoil in family disputes may
L L
attract sympathy, the consequences of such violence are no different from
M M
any other wounding case. Leniency on the basis of the domestic context
N
would send the wrong message and risk encouraging domestic violence. N
O O
23. Mr. Corlett informs the Court that the defendant’s family
P members are present today to demonstrate their support. I accept that the P
defendant’s father has forgiven him and continues to support him, but such
Q Q
forgiveness carries limited weight. As the Court of Appeal noted in Hung
R Kar Chun, while the victim’s personal feelings may be acknowledged, the R
Court must also consider the public interest, the seriousness of the
S S
violence, and the need for deterrence.
T T
U U
V V
-8-
A A
B B
24. While Mr. Corlett refers me to Chau Wan-fun and Yu
C Yat-sang, both cases involved significantly more serious circumstances, C
including permanent or very grave injuries, the use of highly dangerous
D D
weapons, and in one case multiple victims. Those authorities therefore do
E not support a starting point as high as six years in the present case, where E
the injuries, though serious, were not life-threatening or permanent, and the
F F
incident arose spontaneously rather than from any form of premeditated or
G retaliatory violence. G
H H
25. Taking all the circumstances of the offence into account, I
I consider that a proper starting point is 42 months’ imprisonment. After I
deducting the customary one-third discount for the guilty plea, the sentence
J J
is 28 months’ imprisonment.
K K
26. Further, I see no reason not to enforce the previous good
L L
behaviour order. Accordingly, I order the defendant to forfeit the sum of
M $2,000 under that order. I remind the defendant that any further resort to M
violence, or continued abuse of drugs or alcohol, will attract increasingly
N N
severe consequences, and he should take this opportunity to reform his
O conduct. O
P P
Q Q
R R
( Ivy Chui )
S Deputy District Judge S
T T
U U
V V
A A
B B
DCCC 413/2025
C [2026] HKDC 214 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 413 OF 2025
F F
G ---------------------------------------- G
HKSAR
H H
v
I KHAN ILTAF I
----------------------------------------
J J
K Before: Deputy District Judge Ivy Chui in Court K
Date: 3 February 2026
L L
Present: Mr. Lee Samson Zi Jian, Public Prosecutor for HKSAR
M Mr. Corlett Marc Andrew, Counsel instructed by Messrs M
Littlewoods, assigned by Director of Legal Aid, for the
N N
Defendant
O O
Offences: Wounding with intent (有意圖而傷人)
P P
Q Q
----------------------------------------
R REASONS FOR SENTENCE R
----------------------------------------
S S
T T
U U
V V
-2-
A A
B B
Introduction
C C
1. The defendant appeared before me facing one count of
D D
wounding with intent, contrary to section 17(a) of the Offences against the
E Person Ordinance, Cap. 212. He pleaded guilty to the charge and admitted E
the facts presented by the Prosecution.
F F
G 2. The Facts Admitted G
H H
3. The defendant lived with KHAN Dildar (PW1), his father, at
I the material time. I
J J
4. At about 1:45 pm on 3 December 2024, after PW1 refused the
K defendant’s request to borrow money, the defendant lost his temper, K
pushed PW1 into the kitchen, and attacked his head with a knife and a fork,
L L
causing bleeding. The two later moved to the living room, where the
M defendant put down the knife and fork, picked up a foldable desk, and M
struck PW1’s head with it. The assault lasted for about 10 minutes, after
N N
which the defendant left the flat.
O O
5. At about 5:16 pm the same afternoon, PC24576 (PW2)
P P
intercepted the defendant in Sham Shui Po and observed bloodstains on his
Q Q
clothing. The defendant immediately admitted that he had assaulted his
R
father. Under caution and in a subsequent video-recorded interview, the R
defendant admitted that he became angry after PW1 refused to lend him
S S
money and used a knife, a fork, scissors, and later a foldable table to attack
T
PW1. T
U U
V V
-3-
A A
B B
6. PW1 was examined at Princess Margaret Hospital and was
C found to have multiple scalp lacerations, a nose bridge wound, a left ear C
laceration, bruising to several limbs, rib tenderness, and bleeding in the left
D D
external auditory canal. One deep scalp laceration required six stitches.
E E
Background and Criminal Record
F F
G 7. The defendant is 35 years old, born in Hong Kong, and G
educated up to Form 5. Although unemployed at the time of the offence,
H H
he has previously held a range of jobs, including salesman, kindergarten
I teacher, bartender, delivery worker, and waiter. He is married but has been I
separated from his wife since 2022, though they remain on good terms.
J J
K 8. The defendant has two previous criminal convictions. One of K
them, imposed on 29 March 2023, was a sentence of 14 days’
L L
imprisonment suspended for 12 months for assault occasioning actual
M bodily harm. That offence was of a similar nature and likewise involved M
violence. It cannot be ignored that the present offence was committed less
N N
than a year after the expiry of that suspended sentence, and again involved
O violence. O
P P
9. The defendant was also placed on a good behaviour bond of
Q Q
$2,000 for 24 months on 16 October 2024, with a specific condition that
R
he was not to commit any violence-related offences. The Court is informed R
that the victim in that case was likewise the defendant’s father. The present
S S
offence was therefore committed in breach of that good behaviour order,
T
and again involved violence. T
U U
V V
-4-
A A
B B
Mitigation
C C
10. Mr. Corlett, counsel representing the defendant, has provided
D D
me with a written submission for mitigation. It was said that the defendant
E has experienced a prolonged history of alcohol and drug misuse. It was E
submitted that at the time of the offence the defendant was intoxicated and
F F
had consumed “space oil” through an electronic cigarette, which may have
G contributed to his disinhibited and violent behaviour following the G
disagreement with his father. Mr. Corlett confirmed to the Court that,
H H
notwithstanding the defendant’s consumption of alcohol and “space oil”, it
I was not suggested that he was unaware of what he was doing or that he I
lacked the requisite intent.
J J
K 11. It was said that the defendant has previous convictions, but K
none approaching the seriousness of the present offence. The defendant
L L
enjoys strong and consistent family support. His parents, brother, and
M sisters visit him weekly in custody. Letters of support have been submitted, M
showing that the defendant comes from a close and loving family, is
N N
regarded as a kind and much-loved member, and that his father, the victim
O in this case, has forgiven him. The family expresses a clear intention to O
support him upon release, including providing accommodation with his
P P
brother.
Q Q
R
12. Mr. Corlett submitted that the defendant’s early guilty plea, R
his remorse, and the insight he has shown into the need to abstain from
S S
alcohol and drugs in future provide some assurance that he has taken
T
responsibility for his actions and will be released into an environment T
conducive to rehabilitation.
U U
V V
-5-
A A
B B
C 13. It was submitted that there are a number of salient features, C
namely that the attack was unprovoked, involved the use of weapons,
D D
entailed repeated blows to the head, and caused multiple injuries, one of
E which required six stitches. While acknowledging that sentencing for E
wounding with intent is highly fact-specific, Mr. Corlett referred me to
F F
Secretary for Justice v Chau Wan-fun, [2006] 3 HKLRD 577 and Secretary
G for Justice v Yu Yat-sang [2011] 1 HKC 155 as illustrations of sentences G
imposed in cases involving the use of weapons and blows to the head or
H H
upper body. On that basis, Mr. Corlett suggested that a starting point in
I the region of six years may be appropriate, subject to the usual discount for I
the early guilty plea. The defendant has been in custody since 10 December
J J
2024.
K K
Sentencing Considerations
L L
M 14. Wounding with intent is a particularly serious offence, M
carrying a maximum sentence of life imprisonment. As noted in Secretary
N N
for Justice v. Hau Ping Chuen (侯炳全) [2008] 4 HKLRD 673, sentences
O O
for this offence generally fall within a broad range of 3 to 12 years’
P imprisonment, depending on the circumstances. P
Q Q
15. In HKSAR v. Ma Tik Lun Dicky (馬迪倫) [2015] 1 HKLRD
R 380, the Court of Appeal reaffirmed, citing HKSAR v. Chan Chun Tat (陳 R
駿達) [2013] 6 HKC 225 that deterrent sentences are required. Relevant
S S
considerations include the degree of premeditation, motive, mental or
T T
emotional state, intoxication, whether the attack was individual or
U U
V V
-6-
A A
B B
group-based, the nature of the weapon, the degree of force used, the injuries
C sustained, and the impact on the victim and family. C
D D
16. In HKSAR v. Chui Kwok Ming (徐國明)CACC 380/2013, the
E Court of Appeal observed that aggravating features in cases of serious E
violence may include situations where the offender was the principal
F F
instigator, where others acted in concert, where the assault was not
G triggered by provocation, or where the offence was committed in a public G
place. The gravity of the conduct is further heightened where the assault
H H
continued after the victim had fallen or lost the ability to defend himself,
I or where the victim sustained serious or permanent injury. I
J J
17. The Court of Appeal has emphasized that there is no rigid
K tariff for wounding cases, given the wide variation in factual K
circumstances: see Secretary for Justice v. Hung Kar Chun ( 熊家駿 ),
L L
[2011] 1 HKLRD 1083.
M M
N 18. Applying these principles, I consider the present case to be a N
serious example of wounding with intent.
O O
P 19. I find that the defendant launched a sustained assault on his P
father, a vulnerable family member living under the same roof. The attack
Q Q
lasted about 10 minutes and involved multiple weapons, including a knife,
R a fork, and later a foldable desk. The use of sharp implements directed at R
the head carried an obvious and substantial risk of grave injury.
S S
T 20. The injuries, while not life-threatening, were multiple and T
significant. They included several scalp lacerations, an ear laceration,
U U
V V
-7-
A A
B B
bruising to the limbs, rib tenderness, and bleeding in the external auditory
C canal. One wound required six stitches. The harm was plainly not trivial. C
D D
21. The assault was not provoked in any meaningful sense. PW1
E merely refused to lend the defendant money. The defendant’s reaction was E
wholly disproportionate.
F F
G 22. It cannot be ignored that the offence occurred within the G
family home and was directed at the defendant’s father. This is a serious
H H
aggravating factor. Where violence occurs in a domestic setting,
I culpability is heightened. In Chan Chun Tat, the Court stressed that I
domestic violence requires sentences reflecting condemnation. This
J J
accords with the remarks of P. Chan CJHC (as he then was) in Secretary
K for Justice v. Lui Jiu ( 呂 瑤 ) [1995-2000] HKCLRT 319, where His K
Lordship observed that although emotional turmoil in family disputes may
L L
attract sympathy, the consequences of such violence are no different from
M M
any other wounding case. Leniency on the basis of the domestic context
N
would send the wrong message and risk encouraging domestic violence. N
O O
23. Mr. Corlett informs the Court that the defendant’s family
P members are present today to demonstrate their support. I accept that the P
defendant’s father has forgiven him and continues to support him, but such
Q Q
forgiveness carries limited weight. As the Court of Appeal noted in Hung
R Kar Chun, while the victim’s personal feelings may be acknowledged, the R
Court must also consider the public interest, the seriousness of the
S S
violence, and the need for deterrence.
T T
U U
V V
-8-
A A
B B
24. While Mr. Corlett refers me to Chau Wan-fun and Yu
C Yat-sang, both cases involved significantly more serious circumstances, C
including permanent or very grave injuries, the use of highly dangerous
D D
weapons, and in one case multiple victims. Those authorities therefore do
E not support a starting point as high as six years in the present case, where E
the injuries, though serious, were not life-threatening or permanent, and the
F F
incident arose spontaneously rather than from any form of premeditated or
G retaliatory violence. G
H H
25. Taking all the circumstances of the offence into account, I
I consider that a proper starting point is 42 months’ imprisonment. After I
deducting the customary one-third discount for the guilty plea, the sentence
J J
is 28 months’ imprisonment.
K K
26. Further, I see no reason not to enforce the previous good
L L
behaviour order. Accordingly, I order the defendant to forfeit the sum of
M $2,000 under that order. I remind the defendant that any further resort to M
violence, or continued abuse of drugs or alcohol, will attract increasingly
N N
severe consequences, and he should take this opportunity to reform his
O conduct. O
P P
Q Q
R R
( Ivy Chui )
S Deputy District Judge S
T T
U U
V V