Ms Tung Kit Man, Stephany, Public Prosecutor for HKSAR
Ms Chan Man Wai, Vivien, instructed by S H Chou & Co, assigned by the Director of Legal Aid, for the defendant
Offence:
Arson being reckless as to whether life would be endangered（罔顧生命是否會受到危害而縱火）
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REASONS FOR SENTENCE
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1.
The defendant pleaded guilty to a charge of arson being reckless as to whether life would be endangered, contrary to section 60(2) and (3) and 63(1) of the Crimes Ordinance,
Cap. 200
.
Summary of facts
2.
At the material time, the premises was subdivided into four rooms, PW1 was 91 years old and she lived in Room A, while the defendant lived in Room D.
3.
At around 3 p.m. on 1
st
of April 2024, PW1 left her room and noticed the whole ceiling of the corridor was covered with black smoke which was emitting from the defendant’s room.
4.
The defendant was sitting outside his room and the door was closed.
5.
The defendant made no reply when PW1 ask him what was going on.
6.
PW1 went down the building and informed the security guard about the fire. The security guard then reported the case immediately.
7.
At about 4:38 pm, the firemen attended the scene and managed to put out the fire quickly.
8.
The firemen found a can of thinner inside room D and also three moon cake metal boxes containing burning charcoal on the floor, which was the source of the black smoke.
9.
At about 5:30 pm, the defendant returned to the flat and told the police that he wanted to commit suicide by burning charcoal and by using thinner to lit the charcoal, however as the smoke caused him discomfort, he left the scene.
10.
The ceiling and the walls of room D was heavily tainted by black smoke.
11.
The defendant said under the caution:
(a) He intended to commit suicide by burning charcoal. When he lit up the charcoal with a lighter, the fire became very rapid and he was scared. He then left the flat.
Criminal record
12.
The defendant has a clear record.
Background of the defendant
13.
The defendant is now 63 years old, he divorced in 2021 and lives alone. His children are not close to him. He worked as a security guard with a monthly salary of $16,000.
14.
The defendant committed the offence because of gambling debts ($46,000). He was chased by the finance company every day. Since he has no one to talk to and without help, he decided to commit suicide.
15.
As the fire became very fierce, the defendant became scare and didn’t know what to do. As he inhaled some smoke, he was hospitalised for a week. He has no intention to h
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