anti-elab-2577 HCCC225/2020 Wounding with intent

文件編號:

anti-elab-2577

案件編號:

HCCC225/2020

控罪:

Wounding with intent

涉事日期 :

2019-10-13

涉事地點 :

Kwun Tong

判決理由書/裁決書撮要(由AI生成)

以下撮要以AI生成及/或翻譯,內容以原來的判決理由書/裁決書為準

No Reasons for Verdict.

判刑理由書撮要(由AI生成)

以下撮要以AI生成及/或翻譯,內容以原來的判刑理由書為準

The judgment states that on 19 October 2019 the Defendant, who had arrived in Hong Kong a day earlier and purchased a fruit knife for HK$13, attended the Tai Po Market MTR Station subway entrance where the victim was distributing political leaflets; without provocation he charged at the victim and slashed his neck two to three times in an attempt to kill him, then pursued him for about 50 to 100 metres after the victim tried to flee, before pinning him to the ground and stabbing his abdomen twice. The victim was left bleeding profusely and underwent an emergency laparotomy during which nearly one litre of blood was drained and life-threatening wounds—including a deep five-centimetre stab wound penetrating the abdominal cavity—were treated. He was admitted to the Intensive Care Unit and discharged a month later on 18 November 2019, with permanent scarring, restricted neck movement, ongoing painkiller dependence, and increased risk of future hernia or adhesive intestinal obstruction. A victim impact report dated 13 April 2021 highlighted severe post-traumatic stress disorder, depression, insomnia, nightmares, hallucinations, and suicidal thoughts, requiring long-term social welfare, psychiatric and psychological intervention. After the assault the Defendant fled in a taxi, confessed to the driver that he had killed someone, asked to be taken to a police station, and voluntarily surrendered, later admitting under caution that he had attacked the victim because he “couldn’t tolerate these people damaging Hong Kong.”

The judge noted that although the maximum penalty for wounding with intent is life imprisonment and no statutory tariff exists, appellate guidance places the typical sentencing range between three and twelve years’ imprisonment, with injury severity and intent to cause really serious bodily harm as the paramount consideration.

The Defendant’s offence was assessed at the upper end because it was premeditated—purchasing and carrying the knife upon arrival—targeted a random civilian engaged in political activities without provocation, involved persistent and highly aggressive conduct by chasing and repeatedly stabbing the victim, and resulted in grave physical injuries and enduring psychological trauma.

The judge condemned the senseless use of violence to resolve political differences, stating there is no place for such aggression in society, commended the taxi driver’s courage in facilitating the Defendant’s voluntary surrender, and expressed sincere hope that with professional and family support the victim would overcome his profound psychological injuries.

The Defendant is sentenced to six years and four months’ imprisonment, having received a six-month reduction for voluntarily surrendering to the police.

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Case Details

File No. anti-elab-2577
Case No. HCCC225/2020
Judge CHAN Hing Wai, Andrew
Court High Court No. 1
Plea Plead guilty
Verdict Amended indictment
Charge Wounding with intent
Incident Date 2019-10-13
Incident Location Kwun Tong
Reasons for Verdict (AI Summary) No Reasons for Verdict.
Reasons for Sentence View
Reasons for Sentence (AI Summary) The judgment states that on 19 October 2019 the Defendant, who had arrived in Hong Kong a day earlier and purchased a fruit knife for HK$13, attended the Tai Po Market MTR Station subway entrance where the victim was distributing political leaflets; without provocation he charged at the victim and slashed his neck two to three times in an attempt to kill him, then pursued him for about 50 to 100 metres after the victim tried to flee, before pinning him to the ground and stabbing his abdomen twice. The victim was left bleeding profusely and underwent an emergency laparotomy during which nearly one litre of blood was drained and life-threatening wounds—including a deep five-centimetre stab wound penetrating the abdominal cavity—were treated. He was admitted to the Intensive Care Unit and discharged a month later on 18 November 2019, with permanent scarring, restricted neck movement, ongoing painkiller dependence, and increased risk of future hernia or adhesive intestinal obstruction. A victim impact report dated 13 April 2021 highlighted severe post-traumatic stress disorder, depression, insomnia, nightmares, hallucinations, and suicidal thoughts, requiring long-term social welfare, psychiatric and psychological intervention. After the assault the Defendant fled in a taxi, confessed to the driver that he had killed someone, asked to be taken to a police station, and voluntarily surrendered, later admitting under caution that he had attacked the victim because he “couldn’t tolerate these people damaging Hong Kong.”</p><p>The judge noted that although the maximum penalty for wounding with intent is life imprisonment and no statutory tariff exists, appellate guidance places the typical sentencing range between three and twelve years’ imprisonment, with injury severity and intent to cause really serious bodily harm as the paramount consideration.</p><p>The Defendant’s offence was assessed at the upper end because it was premeditated—purchasing and carrying the knife upon arrival—targeted a random civilian engaged in political activities without provocation, involved persistent and highly aggressive conduct by chasing and repeatedly stabbing the victim, and resulted in grave physical injuries and enduring psychological trauma.</p><p>The judge condemned the senseless use of violence to resolve political differences, stating there is no place for such aggression in society, commended the taxi driver’s courage in facilitating the Defendant’s voluntary surrender, and expressed sincere hope that with professional and family support the victim would overcome his profound psychological injuries.</p><p>The Defendant is sentenced to six years and four months’ imprisonment, having received a six-month reduction for voluntarily surrendering to the police.

裁判官/法官:

CHAN Hing Wai, Andrew

法院:

High Court No. 1

認罪:

Plead guilty

罪成:

Amended indictment

判刑:

沒有

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