區域法院（刑事）Deputy District Judge K Lo3/3/2025[2025] HKDC 377
DCCC1310/2023
A A
B B
DCCC 1310/2023
C [2025] HKDC 377 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1310 OF 2023
F F
G ---------------------------- G
HKSAR
H H
v
I YUEN PAK HUNG I
----------------------------
J J
K Before: Deputy District Judge K Lo K
Date: 4 March 2025
L L
Present: Mr Heung Pak Hin Dickson, Public Prosecutor, for HKSAR
M Ms Wong Lai Ying Cecilia, of Robinsons, Lawyers, assigned M
by the Director of Legal Aid, for the defendant
N N
Offence: Wounding with intent（有意圖而傷人）
O O
P
-------------------------------------- P
REASONS FOR SENTENCE
Q Q
--------------------------------------
R R
1. The defendant is convicted of wounding with intent, contrary
S S
to section 17(a) of the Offences against the Person Ordinance, Cap 212, on
T his own plea and agreement to amended Summary of Facts. T
U U
V V
-2-
A A
B B
Facts
C C
2. At 10:20 pm on 26 August 2023, while the victim was outside
D D
the clinic closing its gate and was about to leave, all of a sudden, the
E defendant approached him from behind and stabbed him at the rear of his E
right ear and his back near the neck area with a pair of red scissors
F F
(approximately 20-centimetre in length). The victim resisted and they
G struggled with each other as the defendant continued to attempt to attack G
the victim with his scissors. The victim fell to the ground and yelled for
H H
help. A passers-by heard the screaming. He told the victim and the
I defendant to stop, and the defendant told him that “it was personal”. The I
passer-by then called the police and asked his friend to come and help.
J J
K 3. The defendant subsequently fled the scene and the passers-by K
followed him to where he resided. During the pursuit, the passer-by heard
L L
a sound of some metal dropping but he did not see what it was. The
M defendant was later intercepted and arrested by police for wounding. M
N N
4. Under caution at the scene, the defendant admitted that he
O stabbed the victim with the scissors. He further admitted that he discarded O
the scissors when he walked past a construction site.
P P
Q 5. In the video-recorded interview, the defendant said under Q
caution that:
R R
S (a) He purchased the scissors at around noon on the day in S
question.
T T
U U
V V
-3-
A A
B B
(b) Afterwards, he walked past the clinic and lingered
C around there. C
D D
(c) At around 10:20 pm, while the victim was closing the
E gate to the clinic, he stabbed the victim near his right E
ear with the scissors twice.
F F
G (d) He explained that he stabbed the victim because he had G
experienced pain and discomfort since receiving a
H H
dental treatment from the victim on 22 July 2023.
I I
6. The victim was sent to hospital on the material date. Medical
J J
examination showed injuries sustained by him as a result of the present
K incident as: K
L L
(a) a 2-centimetre through-and-through laceration over the
M victim’s right ear; M
N N
(b) a 1-centimetre laceration over the right post-auricular
O area; O
P P
(c) a 0.5-centimetre superficial stab wound over the
Q victim’s right upper back, just below the neck area; and Q
R R
(d) a 15-centimetre superficial laceration over the right
S elbow and arm. S
T T
U U
V V
-4-
A A
B B
7. The victim was later discharged from hospital after being
C treated with sutures and sterile strips. He was given 7 days sick leave. C
D D
Criminal Record
E E
8. The defendant has a clear record.
F F
G Mitigation G
H H
9. The defendant is age 69. He has not received much education
I and is single with no children. He was raised by his mother since he was I
small together with 4 siblings. At the time of offence, he lived with his
J J
two elder brother in a public housing estate. It was said that he enjoyed a
K close and happy relationship with his siblings and their children. K
L L
10. Defence counsel lodged with court mitigation letters from the
M defendant, his brothers and the nieces. They all say the defendant is a M
person of good character, a filial son and a loving uncle. The defendant
N N
says he is very remorseful as to what he has done. He has been stupid and
O reckless. He says that the cause of the commission of the offence was he O
was dissatisfied with the treatment of the victim, which resulted in 30 days
P P
pain after the dental treatment. He was upset because the victim was a bit
Q irresponsible and carried an indifferent attitude when he complained to the Q
victim about his ongoing pain.
R R
S 11. Defence counsel emphasised that the defendant has a clear S
record. She submitted that the defendant now understands he should not
T T
use violence and he is willing to tender apologies to the victim.
U U
V V
-5-
A A
B B
C 12. Defence counsel conceded that the usual range of sentence for C
wounding with intent is 3 to 12 years’ imprisonment, and that the Court of
D D
Appeal in HKSAR v Chan Chun Tat [2013] 6 HKC 225 and HKSAR v Ma
E Tik Lun Dicky [2015] 1 HKLRD 380 have provided important guidance for E
the sentence of these cases.
F F
G 13. Defence counsel also submitted that the scissors purchased by G
the defendant was originally for the purpose of dealing with the floor mat
H H
in his house. But he did bring along the scissors before he went out of his
I home and assaulted the victim. I
J J
14. Defence counsel submitted that:
K K
(a) The attack on the victim was not very premeditated and
L L
in any event not a sophisticated one.
M M
(b) The underlying motivation of the assault was the
N N
toothache of the defendant after the treatment by the
O victim. O
P P
(c) It was noted by the victim and his nurse 10 days before
Q the incident that the defendant was already emotionally Q
unstable due to the toothache.
R R
S (d) The defendant was not under the influence of alcohol S
or drugs at the time of commission of the offence.
T T
U U
V V
-6-
A A
B B
(e) The defendant committed the offence alone.
C C
(f) The weapon used was a pair of scissors, as those
D D
available in stationery stores.
E E
(g) The medical report of the victim provided information
F F
on the level of force of the attack, the injuries caused,
G and the effect of the assault upon the victim. G
H H
15. It was also said that:
I I
(a) The defendant was provoked because of the long period
J J
of pain due to the dental treatment by the victim and
K that there was no aftercare treatment to him by the K
victim.
L L
M (b) The assault took place in a public place. M
N N
(c) There was no evidence that PW1 was unable to defend
O himself after the fall. O
P P
(d) There was no evidence that the assault was continued
Q after the fall of the victim. Q
R R
(e) The victim was discharged from hospital on the same
S day as the assault. S
T T
U U
V V
-7-
A A
B B
(f) The defendant was co-operative to the police, he made
C a full and frank admission to his wrong, and helped the C
police to retrieve the pair of scissors.
D D
E Discussion E
F F
16. Before sentencing, this court has carefully considered all that
G was submitted on behalf of the defendant as well as the mitigation letters G
lodged.
H H
I 17. On conviction upon indictment of this offence, a person is I
liable to imprisonment for life.
J J
K 18. For wounding with intent offences, there is no tariff or K
sentencing guideline. The actual sentence to be imposed obviously
L L
depends on the particular facts of the case. In the case of Secretary for
M Justice v Hau Ping Chuen [2008] 4 HKLRD 673, the Court of Appeal said M
that the usual range of sentence for such an offence lies between 3 to
N N
12 years’ imprisonment.
O O
19. In the Chan Chun Tat case, the court sets out a number of
P P
factors to be considered in sentencing of such offence in order to determine
Q the gravity of the offence and the culpability of the defendant. In the Ma Q
Tik Lun Dicky case, the court sets out the aggravating factors for wounding
R R
cases in paragraph 41 of the judgment.
S S
T T
U U
V V
-8-
A A
B B
20. Defence counsel informed this court that the defendant does
C not suffer from any psychiatric illness. For this reason, the court is not C
going to call for psychiatric report before sentencing.
D D
E 21. The defendant purchased the pair of scissors on the day when E
he assaulted the victim. This court does not accept that he bought the
F F
scissors for the purpose of dealing with a floor mat for the very obvious
G reason that scissors was not the appropriate tool for dealing with a floor G
mat. In any event, before the defendant went to the vicinity of the clinic
H H
before the assault, he took the scissors with him. It was also agreed that
I the defendant lingered for some time outside the clinic, obviously, to wait I
for the victim to come out of the clinic before he actually assaulted him.
J J
The assault was clearly planned and premeditated.
K K
22. The defendant admitted that he assaulted the victim because
L L
of the ongoing pain that he suffered after the dental operation by the victim.
M He was objectively of the view that the same resulted from mismanagement M
by the victim and he also found the victim to be irresponsible. This court
N N
does not accept that the same would amount to provocation by the victim,
O though this might explain why the defendant assaulted the victim. O
P P
23. The defendant committed the offence alone using the scissors
Q in question. From the photo, one can see that the blade of the scissors was Q
8-centimetre in length and has a very sharp end. It appears to be quite a
R R
lethal weapon.
S S
24. From the agreed amended Summary of Facts, the defendant
T T
did not stop the assault on the victim after he stabbed the victim twice. He
U U
V V
-9-
A A
B B
did not stop even after the passers-by started to intervene. His assault was
C continuing. C
D D
25. The medical reports listed the physical injuries on the victim.
E One could see that the injuries was manifold and some injury was not far E
from the carotid artery of the victim. The photos of the injuries however
F F
was unable to show how proximate the injury to the carotid artery, in
G particular the “0.5-centimetre superficial stab wound over victim’s right G
upper back just below the neck region”. It was lucky for the victim and the
H H
defendant that the injuries resulted was not as serious as they could be, as
I the victim was only given 7 days sick leave as a result. I
J J
26. This court does not have a victim impact assessment report
K but one would have thought, and reasonably so, that whenever the victim K
locked his clinic after a day’s work, he would revisit in his mind the assault
L L
by the defendant on him at least for some time.
M M
27. Defence counsel submitted that the defendant was
N N
co-operative with police as he admitted throwing the scissors on his way
O back home after the attack. This is true, but the court also noted that in the O
defendant’s first statement to police, he had misled the police and said that
P P
he did not know the victim.
Q Q
28. Considering all that was before the court, the appropriate
R R
sentencing starting point would be 3 years and 3 months’ imprisonment.
S S
29. The defendant has pleaded guilty and is therefore entitled to
T T
full one-third sentencing discount. It is said that he was a man previously
U U
V V
- 10 -
A A
B B
of good character but authorities say that the one-third sentencing discount
C has already subsumed the good character sentencing discount. The C
defendant is therefore sentenced to 2 years 2 months’ imprisonment for the
D D
offence.
E E
30. This is a case where a patient dissatisfied with the treatment
F F
by his own dentist, and resorted to violence to resolve his grievance. This
G must be deterred. The victim should know by now that he should have G
reported the case to the Dental Council for the latter to determine if his
H H
complaint is well founded, and if so for the council to follow up on the
I matter, and not foolishly and recklessly assault the victim. I
J J
K K
( K Lo )
L Deputy District Judge 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 1310/2023
C [2025] HKDC 377 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1310 OF 2023
F F
G ---------------------------- G
HKSAR
H H
v
I YUEN PAK HUNG I
----------------------------
J J
K Before: Deputy District Judge K Lo K
Date: 4 March 2025
L L
Present: Mr Heung Pak Hin Dickson, Public Prosecutor, for HKSAR
M Ms Wong Lai Ying Cecilia, of Robinsons, Lawyers, assigned M
by the Director of Legal Aid, for the defendant
N N
Offence: Wounding with intent（有意圖而傷人）
O O
P
-------------------------------------- P
REASONS FOR SENTENCE
Q Q
--------------------------------------
R R
1. The defendant is convicted of wounding with intent, contrary
S S
to section 17(a) of the Offences against the Person Ordinance, Cap 212, on
T his own plea and agreement to amended Summary of Facts. T
U U
V V
-2-
A A
B B
Facts
C C
2. At 10:20 pm on 26 August 2023, while the victim was outside
D D
the clinic closing its gate and was about to leave, all of a sudden, the
E defendant approached him from behind and stabbed him at the rear of his E
right ear and his back near the neck area with a pair of red scissors
F F
(approximately 20-centimetre in length). The victim resisted and they
G struggled with each other as the defendant continued to attempt to attack G
the victim with his scissors. The victim fell to the ground and yelled for
H H
help. A passers-by heard the screaming. He told the victim and the
I defendant to stop, and the defendant told him that “it was personal”. The I
passer-by then called the police and asked his friend to come and help.
J J
K 3. The defendant subsequently fled the scene and the passers-by K
followed him to where he resided. During the pursuit, the passer-by heard
L L
a sound of some metal dropping but he did not see what it was. The
M defendant was later intercepted and arrested by police for wounding. M
N N
4. Under caution at the scene, the defendant admitted that he
O stabbed the victim with the scissors. He further admitted that he discarded O
the scissors when he walked past a construction site.
P P
Q 5. In the video-recorded interview, the defendant said under Q
caution that:
R R
S (a) He purchased the scissors at around noon on the day in S
question.
T T
U U
V V
-3-
A A
B B
(b) Afterwards, he walked past the clinic and lingered
C around there. C
D D
(c) At around 10:20 pm, while the victim was closing the
E gate to the clinic, he stabbed the victim near his right E
ear with the scissors twice.
F F
G (d) He explained that he stabbed the victim because he had G
experienced pain and discomfort since receiving a
H H
dental treatment from the victim on 22 July 2023.
I I
6. The victim was sent to hospital on the material date. Medical
J J
examination showed injuries sustained by him as a result of the present
K incident as: K
L L
(a) a 2-centimetre through-and-through laceration over the
M victim’s right ear; M
N N
(b) a 1-centimetre laceration over the right post-auricular
O area; O
P P
(c) a 0.5-centimetre superficial stab wound over the
Q victim’s right upper back, just below the neck area; and Q
R R
(d) a 15-centimetre superficial laceration over the right
S elbow and arm. S
T T
U U
V V
-4-
A A
B B
7. The victim was later discharged from hospital after being
C treated with sutures and sterile strips. He was given 7 days sick leave. C
D D
Criminal Record
E E
8. The defendant has a clear record.
F F
G Mitigation G
H H
9. The defendant is age 69. He has not received much education
I and is single with no children. He was raised by his mother since he was I
small together with 4 siblings. At the time of offence, he lived with his
J J
two elder brother in a public housing estate. It was said that he enjoyed a
K close and happy relationship with his siblings and their children. K
L L
10. Defence counsel lodged with court mitigation letters from the
M defendant, his brothers and the nieces. They all say the defendant is a M
person of good character, a filial son and a loving uncle. The defendant
N N
says he is very remorseful as to what he has done. He has been stupid and
O reckless. He says that the cause of the commission of the offence was he O
was dissatisfied with the treatment of the victim, which resulted in 30 days
P P
pain after the dental treatment. He was upset because the victim was a bit
Q irresponsible and carried an indifferent attitude when he complained to the Q
victim about his ongoing pain.
R R
S 11. Defence counsel emphasised that the defendant has a clear S
record. She submitted that the defendant now understands he should not
T T
use violence and he is willing to tender apologies to the victim.
U U
V V
-5-
A A
B B
C 12. Defence counsel conceded that the usual range of sentence for C
wounding with intent is 3 to 12 years’ imprisonment, and that the Court of
D D
Appeal in HKSAR v Chan Chun Tat [2013] 6 HKC 225 and HKSAR v Ma
E Tik Lun Dicky [2015] 1 HKLRD 380 have provided important guidance for E
the sentence of these cases.
F F
G 13. Defence counsel also submitted that the scissors purchased by G
the defendant was originally for the purpose of dealing with the floor mat
H H
in his house. But he did bring along the scissors before he went out of his
I home and assaulted the victim. I
J J
14. Defence counsel submitted that:
K K
(a) The attack on the victim was not very premeditated and
L L
in any event not a sophisticated one.
M M
(b) The underlying motivation of the assault was the
N N
toothache of the defendant after the treatment by the
O victim. O
P P
(c) It was noted by the victim and his nurse 10 days before
Q the incident that the defendant was already emotionally Q
unstable due to the toothache.
R R
S (d) The defendant was not under the influence of alcohol S
or drugs at the time of commission of the offence.
T T
U U
V V
-6-
A A
B B
(e) The defendant committed the offence alone.
C C
(f) The weapon used was a pair of scissors, as those
D D
available in stationery stores.
E E
(g) The medical report of the victim provided information
F F
on the level of force of the attack, the injuries caused,
G and the effect of the assault upon the victim. G
H H
15. It was also said that:
I I
(a) The defendant was provoked because of the long period
J J
of pain due to the dental treatment by the victim and
K that there was no aftercare treatment to him by the K
victim.
L L
M (b) The assault took place in a public place. M
N N
(c) There was no evidence that PW1 was unable to defend
O himself after the fall. O
P P
(d) There was no evidence that the assault was continued
Q after the fall of the victim. Q
R R
(e) The victim was discharged from hospital on the same
S day as the assault. S
T T
U U
V V
-7-
A A
B B
(f) The defendant was co-operative to the police, he made
C a full and frank admission to his wrong, and helped the C
police to retrieve the pair of scissors.
D D
E Discussion E
F F
16. Before sentencing, this court has carefully considered all that
G was submitted on behalf of the defendant as well as the mitigation letters G
lodged.
H H
I 17. On conviction upon indictment of this offence, a person is I
liable to imprisonment for life.
J J
K 18. For wounding with intent offences, there is no tariff or K
sentencing guideline. The actual sentence to be imposed obviously
L L
depends on the particular facts of the case. In the case of Secretary for
M Justice v Hau Ping Chuen [2008] 4 HKLRD 673, the Court of Appeal said M
that the usual range of sentence for such an offence lies between 3 to
N N
12 years’ imprisonment.
O O
19. In the Chan Chun Tat case, the court sets out a number of
P P
factors to be considered in sentencing of such offence in order to determine
Q the gravity of the offence and the culpability of the defendant. In the Ma Q
Tik Lun Dicky case, the court sets out the aggravating factors for wounding
R R
cases in paragraph 41 of the judgment.
S S
T T
U U
V V
-8-
A A
B B
20. Defence counsel informed this court that the defendant does
C not suffer from any psychiatric illness. For this reason, the court is not C
going to call for psychiatric report before sentencing.
D D
E 21. The defendant purchased the pair of scissors on the day when E
he assaulted the victim. This court does not accept that he bought the
F F
scissors for the purpose of dealing with a floor mat for the very obvious
G reason that scissors was not the appropriate tool for dealing with a floor G
mat. In any event, before the defendant went to the vicinity of the clinic
H H
before the assault, he took the scissors with him. It was also agreed that
I the defendant lingered for some time outside the clinic, obviously, to wait I
for the victim to come out of the clinic before he actually assaulted him.
J J
The assault was clearly planned and premeditated.
K K
22. The defendant admitted that he assaulted the victim because
L L
of the ongoing pain that he suffered after the dental operation by the victim.
M He was objectively of the view that the same resulted from mismanagement M
by the victim and he also found the victim to be irresponsible. This court
N N
does not accept that the same would amount to provocation by the victim,
O though this might explain why the defendant assaulted the victim. O
P P
23. The defendant committed the offence alone using the scissors
Q in question. From the photo, one can see that the blade of the scissors was Q
8-centimetre in length and has a very sharp end. It appears to be quite a
R R
lethal weapon.
S S
24. From the agreed amended Summary of Facts, the defendant
T T
did not stop the assault on the victim after he stabbed the victim twice. He
U U
V V
-9-
A A
B B
did not stop even after the passers-by started to intervene. His assault was
C continuing. C
D D
25. The medical reports listed the physical injuries on the victim.
E One could see that the injuries was manifold and some injury was not far E
from the carotid artery of the victim. The photos of the injuries however
F F
was unable to show how proximate the injury to the carotid artery, in
G particular the “0.5-centimetre superficial stab wound over victim’s right G
upper back just below the neck region”. It was lucky for the victim and the
H H
defendant that the injuries resulted was not as serious as they could be, as
I the victim was only given 7 days sick leave as a result. I
J J
26. This court does not have a victim impact assessment report
K but one would have thought, and reasonably so, that whenever the victim K
locked his clinic after a day’s work, he would revisit in his mind the assault
L L
by the defendant on him at least for some time.
M M
27. Defence counsel submitted that the defendant was
N N
co-operative with police as he admitted throwing the scissors on his way
O back home after the attack. This is true, but the court also noted that in the O
defendant’s first statement to police, he had misled the police and said that
P P
he did not know the victim.
Q Q
28. Considering all that was before the court, the appropriate
R R
sentencing starting point would be 3 years and 3 months’ imprisonment.
S S
29. The defendant has pleaded guilty and is therefore entitled to
T T
full one-third sentencing discount. It is said that he was a man previously
U U
V V
- 10 -
A A
B B
of good character but authorities say that the one-third sentencing discount
C has already subsumed the good character sentencing discount. The C
defendant is therefore sentenced to 2 years 2 months’ imprisonment for the
D D
offence.
E E
30. This is a case where a patient dissatisfied with the treatment
F F
by his own dentist, and resorted to violence to resolve his grievance. This
G must be deterred. The victim should know by now that he should have G
reported the case to the Dental Council for the latter to determine if his
H H
complaint is well founded, and if so for the council to follow up on the
I matter, and not foolishly and recklessly assault the victim. I
J J
K K
( K Lo )
L Deputy District Judge L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V