HKSAR v. LEE MAN HO AND OTHERS

DCCC605/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 605 OF 2010

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HKSAR
v.
Lee Man-ho (D1)
Cheung Yiu-sing (D2)
Chan Kam-ming (D3)

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Before:

H H Judge Geiser

Date:

3 November 2010 at 2.59 pm

Present:

Mr Nicholas Adams, counsel on fiat, for HKSAR
Ms Michelle Chong, instructed by Leung Kin & Co., for the 1st defendant
Mr Adonis Cheng, instructed by Leung Kin & Co., for the 2nd defendant
Mr James McGowan, instructed by Messrs Littlewoods, for the 3rd defendant

Offence:

Wounding with intent(有意圖而傷人)

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Reasons for Sentence

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1. Defendant 1, you have pleaded guilty to an offence of wounding with intent, contrary to section 17(a) of the Offences Against the Person Ordinance, in that you, together with D2 and D3, at the 7-Eleven convenience store (No. 3, Kau Yuk Road, Yuen Long) unlawfully and maliciouslywounded the victim, Law Chi-yung, with intent to do him grievous bodily harm.

2. D2 and D3, you have pleaded not guilty to this offence, but admitted the lesser offence of wounding, contrary to section 19 of the Offences Against the Person Ordinance.

3. The brief facts, which you have all admitted, indicate that in the early hours of 9 February of this year, inside the Neway Karaokein Kau Yuk Road, PW1 had a dispute with a group of males. PW1’s friends joined and they argued with the opposite group.

4. PW1’s group left the karaoke, and shortly afterwards, a car stopped outside the karaoke, and two to three people collected someblack long torches from the vehicle and went toward the direction of the karaoke bar.

5. When PW1 arrived at the 7-Eleven, a group of males rushed in and assaulted him with kicks and fists, and some males used the longtorches to assault PW1’s head, causing him to lose consciousness.

6. When the police arrived, it was you, D1, who was seen still assaulting PW1 with a long black torch over his head, whilst D2 andD3, you were seen assaulting him with fists and kicks.

7. PW1 regained consciousness at the hospital and had multiple injuries, including left parietal haematoma, left facial swelling, andmultiple lacerations over his vertex and right temporal region. A CT scan on his brain showed cerebral contusion over both temporallobes, and he had a fractured thumb. He remained in hospital for some four days, but very fortunately, made a full recovery shortlyafterwards with no permanent disability.

8. As far as PW1, the victim, is concerned, I have received a letter from him today, who confirms that he has fully recovered and indicatesthat he has forgiven the three of you. Indeed, in that letter, he admits that his group, as well as your group, were all under theinfluence of alcohol in the early hours, and he also admits that his group pushed your group.

9. Regarding the 1st defendant, you are 23 years of age and single. You have two previous convictions, one for a similar offence ofwounding, and one for assault occasioning actual bodily harm, when you were sent to a detention centre in relation to both offences.

10. D2, you are 24, single, and have one previous conviction involving two offences of assault occasioning actual bodily harm in 2001,when you were placed on probation.

11. D3, you are 27, single, and have a number of previous convictions, the last of which was in 2003, but you have no previous convictionsfor violence.

12. This was a nasty attack on the victim, PW1, who was clearly outnumbered. It was you, D1, who used a long black torch to hit thevictim over the head, whilst D2 and D3, you assaulted him with kicks and fists.

13. In sentencing each of you, I take into account all that has been said on your behalves by your respective counsel, which includesthe letter of mitigation put before me by the victim, PW1.

14. However, I find the fact that you were intoxicated at the material time to be no excuse for such violent behaviour.

15. As far as you, D1, are concerned, you have pleaded guilty to wounding with intent to do grievous bodily harm. My starting pointinsofar as you are concerned is one of 3½ years’ imprisonment. I will discount this by one-third to take account of your pleaof guilty, coming to 28 months’ imprisonment.

16. With respect to D2 and D3, I make no distinction between you. You appear to have taken a similar role as each other in this attack. The prosecution have accepted your respective pleas of guilty to the lesser offence contained in section 19 of the Offences Against the Person Ordinance. The maximum sentence for this is one of 3 years’ imprisonment.

17. My starting point in relation to each of you is one of 21 months’ imprisonment. I shall discount this by one-third to take accountof your pleas of guilty, coming to 14 months’ imprisonment in relation to each of you.

H H Judge Geiser
District Judge