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 the Defendant pleaded guilty to one count of wounding with intent under section 17 of the Offences against the Persons Ordinance, Chapter 212. On the evening of 19 October 2019, having arrived in Hong Kong the day before and purchased a fruit knife, the Defendant went to Tai Po Market MTR Station, engaged in a brief dispute with leaflet distributors, left to smoke a cigarette, then returned and randomly selected the victim for attack. The Defendant charged at the victim in a subway entrance, slashed the victim’s neck two to three times with the knife, then chased him for approximately fifty metres. After forcing the victim to the ground, the Defendant stabbed him twice in the abdomen. Bleeding profusely, the victim was left on the ground while the Defendant fled in a taxi. En route, the Defendant confessed to the taxi driver that he had killed someone and requested to be taken to a police station; the driver, aware the Defendant still carried a knife, calmly delivered him to the authorities, where he was subdued and arrested. Under caution, the Defendant stated he stabbed the victim because he “couldn’t tolerate these people damaging Hong Kong.” In subsequent interviews, he admitted the knife purchase cost HK$13 and that he returned to stab someone after smoking. The victim underwent emergency laparotomy to drain close to one litre of blood and spent time in intensive care before discharge one month later. He sustained two lacerations on the posterior neck and two abdominal stab wounds, one of which penetrated the abdominal cavity, resulting in permanent scarring, limited neck mobility, daily painkiller dependency, and an increased future risk of incisional hernia or adhesive intestinal obstruction. Psychologically, the victim suffers severe post-traumatic stress disorder, depression, insomnia, nightmares, hallucinations, suicidal ideation, and has made suicide attempts, necessitating long-term psychiatric and social welfare intervention.
Wounding with intent carries a maximum penalty of life imprisonment under section 17, with no specific tariff; the Court of Appeal has indicated that the usual sentencing range for typical cases is three to twelve years. In Lau Cheong v HKSAR, the Court affirmed that the mens rea for wounding with intent is sufficient for murder liability if death ensues. Courts determine sentence severity by reference to factors in HKSAR v Chan Chun Tat, including the extent of premeditation, motive, mental or emotional state, weapon used, level of force and aggression, persistence of assault, injuries caused, and victim impact.
The Defendant’s culpability fell at the upper end of the scale because the assault was clearly premeditated: the knife was purchased the day before and carried continually; the Defendant returned deliberately after smoking rather than walking away; the attack was not impulsive but pursued over a distance of fifty metres; the Defendant pinned the victim and stabbed twice more in the abdomen; and the victim suffered very serious life-threatening injuries with permanent physical and profound psychological harm requiring extensive rehabilitation.
The judge condemned senseless political violence and affirmed that violence cannot resolve political differences, only escalate conflict and harm innocents. He expressed deep concern for the victim’s long-term physical pain and severe psychological trauma, hoped for his recovery with professional support, and commended the taxi driver for his calm courage in ensuring the Defendant’s prompt apprehension.
The judge determined an appropriate starting point of ten years’ imprisonment, granted a six-month credit for the Defendant’s voluntary surrender, and sentenced the Defendant to six years and four months’ imprisonment.
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