區域法院（刑事）Deputy District Judge Alice Chan10/9/2025[2025] HKDC 1566
合併案件：DCCC515/2024DCCC702/2025
DCCC515/2024
A A
B B
DCCC 515/2024 & 702/2025
C [2025] HKDC 1566 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NOS. 515 OF 2024 AND 702 OF 2025
F F
G ---------------------------------------- G
HKSAR
H H
v
I I
(D3) RASKOTI Ammar
J J
----------------------------------------
K K
Before: Deputy District Judge Alice Chan
L L
Date: 11 September 2025
M Present: Mr Edward Fan, Counsel on Fiat, for HKSAR M
Ms Tsang Sze Hang, instructed by Messrs Boase Cohen &
N N
Collins, assigned by DLA, for D3
O O
Offence: Wounding with intent（有意圖而傷人）
P P
--------------------------------------------------
Q Q
REASONS FOR SENTENCE
R -------------------------------------------------- R
S S
1. The defendant, together with 2 others, are jointly charged with
T one count of wounding with intent, contrary to section 17(a) of the T
U U
V V
-2-
A A
B B
Offences against the Person Ordinance, Cap. 212. He pleaded guilty to the
C charge and agreed to the summary of facts. C
D D
Facts of the case
E E
2. At around 8 p.m. on 23 April 2023, Mr Sunwar Nabin (“the
F F
victim”) was drinking with his Nepalese friends in the vicinity of Hi Lee
G Path, Yuen Long. Later the victim went on his own to a bar situated at Kin G
Shing Building, No. 195 - 209 Castle Peak Road, Yuen Long. When he
H H
was inside the building, he met a group of about 5 to 6 Nepalese men. The
I defendant was one of them and was carrying a Khukuri of about 40 cm I
long while some of the others were carrying beef knives. The victim was
J J
coerced to follow the defendant and the other men to the ground level of
K the building. The victim then walked towards the direction of LRT Hong K
Lok Road Station (“Hong Lok Road Station”) trying to get away from the
L L
group.
M M
3. When the victim reached the bus stop of Hi Lee Path, the
N N
defendant and other men attacked him by stabbing his arm. He ran towards
O the direction of Hong Lok Road Station and during that time, he was chased O
by some Nepalese males who were carrying knives.
P P
Q Q
4. When the victim reached Hong Lok Road Station, the
R
defendant and 4 other men surrounded him and repeatedly stabbing the R
victim’s arms, palms, right thigh and back with knives for about 20
S S
seconds. The assailants then fled and a report was made to the police.
T T
U U
V V
-3-
A A
B B
5. The victim was sent to Tuen Mun Hospital. While he was
C conscious, he sustained multiple chop wounds over his bilateral upper C
limbs, a 3-cm deep horizontal laceration wound over his right upper back
D D
and superficial laceration wound over his right anterior thigh. He was
E referred to the Department of Orthopedics & Traumatology for further E
treatment and was found to sustain lacerations on his forearms and hands,
F F
left wrist, left index finger, right posterior arm, right posterior shoulder and
G right distal thigh. Emergency operation was performed for the repair of G
the victim’s right index finger extensor tendon and bilateral extensor carpi
H H
ulnaris muscle. The injuries was compatible with trauma by sharp object.
I He was discharged on 28 April 2023 and was referred for physiotherapy I
and occupational therapy.
J J
K 6. The defendant surrendered to Yuen Long Police Station K
revealing his wanted status on 23 December 2024. When he was
L L
interviewed under caution, the defendant admitted that he was at the
M vicinity of Hong Lok Road Station at the material time. He was identified M
by the victim in the subsequent identification parade.
N N
O Background of the defendant and mitigation O
P P
7. The defendant is now 31 years old and he has 3 previous
Q Q
criminal records in relation to other offences of a different nature.
R R
8. Ms Tsang, counsel representing the defendant, told the court
S S
that the defendant was born in Nepal and came to settle in Hong Kong with
T
his father in 2002. He received education from up to Form 1 level in Nepal. T
Prior to his arrest he worked as a construction site worker earning about
U U
V V
-4-
A A
B B
HK$30,000 but he had no fixed place of abode. He was married in 2018
C but was separated with his wife in 2024. C
D D
9. It was submitted on the defendant's behalf that the attack of
E the victim was not premeditated. Ms Tsang said that before the subject E
incident, the defendant and his friends met another group of Nepalese men
F F
in a restaurant at Kin Shing building. Some of the members in that group
G were armed with knives and a fight broke out between the 2 groups. It was G
said that during the commotion, the defendant snatched the backpack of
H H
one of his opponents and found a Khukuri inside which the defendant had
I used it in the charged offence. In other words, it was submitted that the I
Khukuri used in attacking the victim was not brought by the defendant.
J J
K 10. Ms Tsang also submitted authorities in respect of the K
sentencing principles set down by the Court of Appeal in relation to the
L L
offence of wounding with intent. The defendant also wrote a letter of
M mitigation expressing his regret for having committed the offence without M
having due regard to the consequences of his impulsive acts.
N N
O Sentencing principles O
P P
11. The maximum sentence for a section 17 wounding offence is
Q Q
life imprisonment while the Court of Appeal has said that the usual range
R
of sentence is 3 to 12 years’ imprisonment; while each case is different and R
the gravity of the offence will depend on the facts of its commission (see
S S
Secretary for Justice v Hau Ping Chuen [2008] 4 HKLRD 673).
T T
U U
V V
-5-
A A
B B
12. In HKSAR v Chan Chun Tat CACC 317/2012, the Court of
C Appeal at paragraph 49 of the judgment listed out the usual factors to be C
taken into account in considering the gravity of the subject offence and
D D
these included:
E (1) the extent to which the assault was premeditated; E
(2) the reasons or motivation underlying the assault;
F F
(3) whether drugs or alcohol contributed to the act of the
G assailants; G
(4) whether the assault was committed by the assailant
H H
alone or as part of a group;
I (5) the type of weapon employed; I
(6) the level of force or aggression and the persistence with
J J
which the assault was pressed home;
K (7) the injuries caused to the victim; and K
(8) the effect of the assault upon a victim.
L L
M 13. The present case is a serious case of assault involving multiple M
assailants armed with knives attacking the lone and unarmed victim. The
N N
attack comprised 2 episodes: with the 1st part of the chopping, involving
O three armed men, taking place at the ground level of Kin Shing Building O
and the latter part, involving 5 assailants, at Hong Lok Road Station. The
P P
defendant took an active role in both episodes. While the defendant has
Q Q
put forth in his mitigation that his attacks were not premeditated, those
R
were indeed, according to him, revenge attacks and that he was clearly very R
persistent in causing serious bodily harm to the victim. After having
S S
stabbed and injured the victim, who then retreated to escape from the
T
assailants, the defendant together with even more attackers made a further T
vicious attack. It is also noted that both locations of attack are public
U U
V V
-6-
A A
B B
places, including the vicinity of a LRT station, and considering the incident
C happened sometime between 9 p.m. to 10 p.m., the commotion no doubt C
caused considerable alarm and threats to the neighborhood. It was
D D
fortunate that the victim did not appear to have suffered permanent injuries.
E E
14. Upon considering the sentencing principles and the
F F
circumstances of the case, I shall adopt a starting point of 4 years
G imprisonment. G
H H
15. The defendant pleaded guilty and is, therefore, entitled to a
I one-third discount in sentence. The sentence is, therefore, reduced to 2 I
years and 8 months’ imprisonment.
J J
K Surrender to the authority K
L L
16. While it is accepted that the defendant’s voluntary surrender
M to the police is a mitigating factor, the extent of this mitigating effect is, as M
described by Stock JA (as he then was) in HKSAR v Chow Tak Fuk CACC
N N
428/2004 a contextual question. In HKSAR v Lui Chun Yeung [2014] 2
O HKLRD 993, a case of triad related blackmail, the police were trying to O
locate the accused through its intelligence when he was captured by CCTV
P P
recording system. The accused surrendered himself to the police 4 days
Q Q
after the incident and the Court of Appeal awarded a 3-month deduction in
R
sentence to reflect the accused’s act of surrender. R
S S
17. In the present case, the defendant, who was wanted by the
T
police, surrendered himself to the police some 8 months after the incident. T
He was positively identified by the victim in the subsequent identification
U U
V V
-7-
A A
B B
parade. In the circumstances, I reduce the sentence by a further 3-months'
C imprisonment. C
D D
18. The defendant is sentenced to a term of 2 years 5 months’
E imprisonment. E
F F
G G
H H
I I
( Alice Chan )
J J
Deputy District Judge
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 515/2024 & 702/2025
C [2025] HKDC 1566 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NOS. 515 OF 2024 AND 702 OF 2025
F F
G ---------------------------------------- G
HKSAR
H H
v
I I
(D3) RASKOTI Ammar
J J
----------------------------------------
K K
Before: Deputy District Judge Alice Chan
L L
Date: 11 September 2025
M Present: Mr Edward Fan, Counsel on Fiat, for HKSAR M
Ms Tsang Sze Hang, instructed by Messrs Boase Cohen &
N N
Collins, assigned by DLA, for D3
O O
Offence: Wounding with intent（有意圖而傷人）
P P
--------------------------------------------------
Q Q
REASONS FOR SENTENCE
R -------------------------------------------------- R
S S
1. The defendant, together with 2 others, are jointly charged with
T one count of wounding with intent, contrary to section 17(a) of the T
U U
V V
-2-
A A
B B
Offences against the Person Ordinance, Cap. 212. He pleaded guilty to the
C charge and agreed to the summary of facts. C
D D
Facts of the case
E E
2. At around 8 p.m. on 23 April 2023, Mr Sunwar Nabin (“the
F F
victim”) was drinking with his Nepalese friends in the vicinity of Hi Lee
G Path, Yuen Long. Later the victim went on his own to a bar situated at Kin G
Shing Building, No. 195 - 209 Castle Peak Road, Yuen Long. When he
H H
was inside the building, he met a group of about 5 to 6 Nepalese men. The
I defendant was one of them and was carrying a Khukuri of about 40 cm I
long while some of the others were carrying beef knives. The victim was
J J
coerced to follow the defendant and the other men to the ground level of
K the building. The victim then walked towards the direction of LRT Hong K
Lok Road Station (“Hong Lok Road Station”) trying to get away from the
L L
group.
M M
3. When the victim reached the bus stop of Hi Lee Path, the
N N
defendant and other men attacked him by stabbing his arm. He ran towards
O the direction of Hong Lok Road Station and during that time, he was chased O
by some Nepalese males who were carrying knives.
P P
Q Q
4. When the victim reached Hong Lok Road Station, the
R
defendant and 4 other men surrounded him and repeatedly stabbing the R
victim’s arms, palms, right thigh and back with knives for about 20
S S
seconds. The assailants then fled and a report was made to the police.
T T
U U
V V
-3-
A A
B B
5. The victim was sent to Tuen Mun Hospital. While he was
C conscious, he sustained multiple chop wounds over his bilateral upper C
limbs, a 3-cm deep horizontal laceration wound over his right upper back
D D
and superficial laceration wound over his right anterior thigh. He was
E referred to the Department of Orthopedics & Traumatology for further E
treatment and was found to sustain lacerations on his forearms and hands,
F F
left wrist, left index finger, right posterior arm, right posterior shoulder and
G right distal thigh. Emergency operation was performed for the repair of G
the victim’s right index finger extensor tendon and bilateral extensor carpi
H H
ulnaris muscle. The injuries was compatible with trauma by sharp object.
I He was discharged on 28 April 2023 and was referred for physiotherapy I
and occupational therapy.
J J
K 6. The defendant surrendered to Yuen Long Police Station K
revealing his wanted status on 23 December 2024. When he was
L L
interviewed under caution, the defendant admitted that he was at the
M vicinity of Hong Lok Road Station at the material time. He was identified M
by the victim in the subsequent identification parade.
N N
O Background of the defendant and mitigation O
P P
7. The defendant is now 31 years old and he has 3 previous
Q Q
criminal records in relation to other offences of a different nature.
R R
8. Ms Tsang, counsel representing the defendant, told the court
S S
that the defendant was born in Nepal and came to settle in Hong Kong with
T
his father in 2002. He received education from up to Form 1 level in Nepal. T
Prior to his arrest he worked as a construction site worker earning about
U U
V V
-4-
A A
B B
HK$30,000 but he had no fixed place of abode. He was married in 2018
C but was separated with his wife in 2024. C
D D
9. It was submitted on the defendant's behalf that the attack of
E the victim was not premeditated. Ms Tsang said that before the subject E
incident, the defendant and his friends met another group of Nepalese men
F F
in a restaurant at Kin Shing building. Some of the members in that group
G were armed with knives and a fight broke out between the 2 groups. It was G
said that during the commotion, the defendant snatched the backpack of
H H
one of his opponents and found a Khukuri inside which the defendant had
I used it in the charged offence. In other words, it was submitted that the I
Khukuri used in attacking the victim was not brought by the defendant.
J J
K 10. Ms Tsang also submitted authorities in respect of the K
sentencing principles set down by the Court of Appeal in relation to the
L L
offence of wounding with intent. The defendant also wrote a letter of
M mitigation expressing his regret for having committed the offence without M
having due regard to the consequences of his impulsive acts.
N N
O Sentencing principles O
P P
11. The maximum sentence for a section 17 wounding offence is
Q Q
life imprisonment while the Court of Appeal has said that the usual range
R
of sentence is 3 to 12 years’ imprisonment; while each case is different and R
the gravity of the offence will depend on the facts of its commission (see
S S
Secretary for Justice v Hau Ping Chuen [2008] 4 HKLRD 673).
T T
U U
V V
-5-
A A
B B
12. In HKSAR v Chan Chun Tat CACC 317/2012, the Court of
C Appeal at paragraph 49 of the judgment listed out the usual factors to be C
taken into account in considering the gravity of the subject offence and
D D
these included:
E (1) the extent to which the assault was premeditated; E
(2) the reasons or motivation underlying the assault;
F F
(3) whether drugs or alcohol contributed to the act of the
G assailants; G
(4) whether the assault was committed by the assailant
H H
alone or as part of a group;
I (5) the type of weapon employed; I
(6) the level of force or aggression and the persistence with
J J
which the assault was pressed home;
K (7) the injuries caused to the victim; and K
(8) the effect of the assault upon a victim.
L L
M 13. The present case is a serious case of assault involving multiple M
assailants armed with knives attacking the lone and unarmed victim. The
N N
attack comprised 2 episodes: with the 1st part of the chopping, involving
O three armed men, taking place at the ground level of Kin Shing Building O
and the latter part, involving 5 assailants, at Hong Lok Road Station. The
P P
defendant took an active role in both episodes. While the defendant has
Q Q
put forth in his mitigation that his attacks were not premeditated, those
R
were indeed, according to him, revenge attacks and that he was clearly very R
persistent in causing serious bodily harm to the victim. After having
S S
stabbed and injured the victim, who then retreated to escape from the
T
assailants, the defendant together with even more attackers made a further T
vicious attack. It is also noted that both locations of attack are public
U U
V V
-6-
A A
B B
places, including the vicinity of a LRT station, and considering the incident
C happened sometime between 9 p.m. to 10 p.m., the commotion no doubt C
caused considerable alarm and threats to the neighborhood. It was
D D
fortunate that the victim did not appear to have suffered permanent injuries.
E E
14. Upon considering the sentencing principles and the
F F
circumstances of the case, I shall adopt a starting point of 4 years
G imprisonment. G
H H
15. The defendant pleaded guilty and is, therefore, entitled to a
I one-third discount in sentence. The sentence is, therefore, reduced to 2 I
years and 8 months’ imprisonment.
J J
K Surrender to the authority K
L L
16. While it is accepted that the defendant’s voluntary surrender
M to the police is a mitigating factor, the extent of this mitigating effect is, as M
described by Stock JA (as he then was) in HKSAR v Chow Tak Fuk CACC
N N
428/2004 a contextual question. In HKSAR v Lui Chun Yeung [2014] 2
O HKLRD 993, a case of triad related blackmail, the police were trying to O
locate the accused through its intelligence when he was captured by CCTV
P P
recording system. The accused surrendered himself to the police 4 days
Q Q
after the incident and the Court of Appeal awarded a 3-month deduction in
R
sentence to reflect the accused’s act of surrender. R
S S
17. In the present case, the defendant, who was wanted by the
T
police, surrendered himself to the police some 8 months after the incident. T
He was positively identified by the victim in the subsequent identification
U U
V V
-7-
A A
B B
parade. In the circumstances, I reduce the sentence by a further 3-months'
C imprisonment. C
D D
18. The defendant is sentenced to a term of 2 years 5 months’
E imprisonment. E
F F
G G
H H
I I
( Alice Chan )
J J
Deputy District Judge
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V