anti-elab-2542 CACC231/2021 Wounding with intent

文件編號:

anti-elab-2542

案件編號:

CACC231/2021

控罪:

Wounding with intent

涉事日期 :

2019-11-06

涉事地點 :

Tuen Mun

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

The judgment states that Defendant pleaded guilty to one count of wounding with intent and one count of wounding after an unprovoked knife attack on an election campaign booth on a public pavement during rush hour on 6 November 2019. Defendant approached the candidate’s leaflet distribution point, presented a bunch of flowers under the guise of support, and on the pretext of taking a photograph swiftly drew a 20 cm-bladed knife and stabbed the victim in the chest, inflicting a sternal laceration and hematoma requiring two days’ hospitalisation. The victim’s bodyguard intervened and, in the struggle, Defendant retained hold of the knife and caused additional chest and forearm wounds to the bodyguard. CCTV and video footage, together with the discovery of a second knife in Defendant’s bag and evidence of prior surveillance of the scene, established meticulous premeditation. Before Toh J in the Court of First Instance, Defendant was sentenced to nine years’ imprisonment on the wounding-with-intent count and 27 months on the wounding count, to run concurrently. Defendant’s application for leave to appeal against the sentence on the wounding-with-intent count was refused.

The judge applied the established sentencing range for wounding with intent, noting that the usual starting point for such offences lies between three to twelve years’ imprisonment, with life imprisonment as the maximum. The court recognised that starting points at or above the upper end of this range are justified by exceptional aggravating circumstances and that actual injuries, while relevant, are of secondary significance to the offender’s intent to inflict really serious bodily harm.

The judge identified multiple aggravating factors: (1) extensive premeditation and planning evident from repeated visits to the campaign site; (2) complete absence of provocation from the victim; (3) defendant’s carriage of two knives to the scene; (4) deliberate targeting of the victim’s chest with a potentially fatal blade; (5) high persistence in using violence, demonstrated by the continued assault on the bodyguard during restraint; and (6) the public setting and political profile of the victim, aggravating the risk to public order and safety.

The judge characterised the assault as “a senseless and most horrific attack on a citizen going about his legitimate business,” remarking that it was only fortuity that the injuries were not fatal and that a strong deterrent sentence was required to reflect the gravity of defendant’s deliberate resort to violence with intent to cause really serious harm.

Defendant was sentenced to nine years’ imprisonment on the count of wounding with intent (after a one-quarter reduction from a 12-year starting point for an early guilty plea) and to twenty-seven months’ imprisonment on the count of wounding (after a one-quarter reduction from a three-year starting point), with both terms to run concurrently, resulting in a total effective sentence of nine years’ imprisonment.

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判刑理由書撮要(由AI生成)

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No Reasons for sentence. (Translated from Chinese to English by AI)

Case Details

File No. anti-elab-2542
Case No. CACC231/2021
Judge TOH Lye Ping, Esther
Court High Court No. 1
Plea Plead guilty
Verdict Convicted
Charge Wounding with intent
Sentence Imprisonment
Incident Date 2019-11-06
Incident Location Tuen Mun
Reasons for Verdict View
Reasons for Verdict (AI Summary) The judgment states that Defendant pleaded guilty to one count of wounding with intent and one count of wounding after an unprovoked knife attack on an election campaign booth on a public pavement during rush hour on 6 November 2019. Defendant approached the candidate’s leaflet distribution point, presented a bunch of flowers under the guise of support, and on the pretext of taking a photograph swiftly drew a 20 cm-bladed knife and stabbed the victim in the chest, inflicting a sternal laceration and hematoma requiring two days’ hospitalisation. The victim’s bodyguard intervened and, in the struggle, Defendant retained hold of the knife and caused additional chest and forearm wounds to the bodyguard. CCTV and video footage, together with the discovery of a second knife in Defendant’s bag and evidence of prior surveillance of the scene, established meticulous premeditation. Before Toh J in the Court of First Instance, Defendant was sentenced to nine years’ imprisonment on the wounding-with-intent count and 27 months on the wounding count, to run concurrently. Defendant’s application for leave to appeal against the sentence on the wounding-with-intent count was refused.</p><p>The judge applied the established sentencing range for wounding with intent, noting that the usual starting point for such offences lies between three to twelve years’ imprisonment, with life imprisonment as the maximum. The court recognised that starting points at or above the upper end of this range are justified by exceptional aggravating circumstances and that actual injuries, while relevant, are of secondary significance to the offender’s intent to inflict really serious bodily harm.</p><p>The judge identified multiple aggravating factors: (1) extensive premeditation and planning evident from repeated visits to the campaign site; (2) complete absence of provocation from the victim; (3) defendant’s carriage of two knives to the scene; (4) deliberate targeting of the victim’s chest with a potentially fatal blade; (5) high persistence in using violence, demonstrated by the continued assault on the bodyguard during restraint; and (6) the public setting and political profile of the victim, aggravating the risk to public order and safety.</p><p>The judge characterised the assault as “a senseless and most horrific attack on a citizen going about his legitimate business,” remarking that it was only fortuity that the injuries were not fatal and that a strong deterrent sentence was required to reflect the gravity of defendant’s deliberate resort to violence with intent to cause really serious harm.</p><p>Defendant was sentenced to nine years’ imprisonment on the count of wounding with intent (after a one-quarter reduction from a 12-year starting point for an early guilty plea) and to twenty-seven months’ imprisonment on the count of wounding (after a one-quarter reduction from a three-year starting point), with both terms to run concurrently, resulting in a total effective sentence of nine years’ imprisonment.
Reasons for Sentence (AI Summary) No Reasons for sentence. (Translated from Chinese to English by AI)

裁判官/法官:

TOH Lye Ping, Esther

法院:

High Court No. 1

認罪:

Plead guilty

罪成:

Convicted

判刑:

Imprisonment

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