HKSAR v. HOANG, VAN THINH
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HCMA 140/2008
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MAGISTRACY APPEAL NO. 140 OF 2008
(ON APPEAL FROM ESCC 207/2008)
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| BETWEEN | ||
| HKSAR | Respondent | |
| and | ||
| HOANG, VAN THINH | Appellant |
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Before: Deputy High Court Judge Line in Court
Date of Hearing: 28 March 2008
Date of Judgment: 28 March 2008
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J U D G M E N T
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1. This is an appeal against two concurrent sentences of 8 months each, passed following pleas of guilty to two charges of wounding. The offences occurred in Stanley Prison. Two men were watching television. This appellant approached them from behind and attacked them. He used a pen to stab at their heads. One of the victims received a 4.5 centimetre long laceration to his head and abrasion to his face, and the second victim received three stab-wounds, each of about a half a centimetre in length.
2. In my view, 8 months was not a day too long for that conduct. It was a cowardly attack from behind with a weapon. The appellant today says that his victims seemed fine afterwards. They were clearly walking wounded, but they were certainly wounded.
3. The other point he makes is that those victims later attacked six friends of his and they received only 4 months' imprisonment. If that sentence was unduly lenient - and I have no reason to think it is because I do not know the facts about it - it would not avail this appellant in this case.
4. This appeal against sentence is dismissed.
| (P Line) Deputy High Court Judge |
Mr Martin Hui, Senior Government Counsel, of the Department of Justice, for the Respondent
Appellant, Hoang, Van Thinh, in person