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https://hk.news.yahoo.com/廣源邨謀殺案-七旬翁被判囚20個月-扣除還押時間當庭釋放-043500529.html
【廣源邨謀殺案】七旬翁被判囚20個月 扣除還押時間當庭釋放
星島日報
22k 人追蹤
2019年8月19日 下午12:35
被告黎萬生。資料圖片
【星島日報報道】沙田廣源邨於2017年11月發生命案，一名醉翁因不滿一名七旬老伯在廣源社區中心外收聽廣播電台時的音樂嘈吵，持刀恐嚇老翁，二人糾纏一輪後，患有腦退化症的老翁激動地撿起醉翁之刀自衛反擊，狂刺醉翁三刀，醉翁送院治理後證實不治。被告老翁早前承認一項誤殺罪，法官考慮被告已被還押達21個月，考慮案情及背景後判被告監禁20個月，讓被告獲當庭釋放，其孫女亦有特意到庭旁聽及接送被告回家。
司徒冕暫委法官判刑時指本案是一件可悲的案件，現年79歲的被告黎萬生在案發當時在家附近收聽收音機的音樂廣播，飲用啤酒至影響其判斷能力的73歲男子潘國民便手持生果刀走向黎作出恐嚇，保安員目睹事件後到場嘗試制止，但兩名老翁繼續爭執並身體糾纏，二人跌倒在花牀上，黎趁亂拾起潘失手跌在地上的刀，連續刺向潘3次，致命一刀更插向胸腔刺穿潘的左肺，潘反應過來時說：「唉呀！我依家先知我被人插左一刀添！」，但被告黎萬生當時亦因身體虛弱而暈倒。
法官指被告黎萬生第一刀或許是出自合理自衛之用，但第二刀及第三刀則因腦退化症（Dementia）在混亂中發生異常而妨礙其認知能力，並且不能作出理性的判斷。法官考慮到被告並非事件的始作俑者，而且被告從沒有否認他曾刀刺死者，患有不能被醫治的腦退化症亦能為他減責，故最終判監20個月，扣除被告已被還押監房21個月，即代表被告今天能獲即時釋放。
法庭記者：劉曉曦
[Guangyuan Village Murder Case] 70-year-old Weng was sentenced to 20 months in prison. Deducted remand time was released in court.
[Sing Tao Daily]
Sing Tao Daily
22k person tracking
August 19, 2019, 12:35 PM
The defendant Li Wansheng. Profile picture
[Sing Tao Daily reported] Guangyuan Village in Shatian issued a life case in November 2017. A drunken man was dissatisfied with the music of a 70-year-old man listening to radio stations outside the Guangyuan Community Center. He was afraid of the old man with a knife. After a round of entanglement, the old man with degenerative brain disease excitedly picked up the knife of the drunkard and defended himself. The madman was drunk and three knives. After being drunk, he was found dead. The defendant had earlier admitted a manslaughter. The judge considered that the defendant had been remanded for 21 months. After considering the circumstances and background, he sentenced the defendant to imprisonment for 20 months, and the defendant was released in court. His granddaughter also deliberately attended the court. Transfer the defendant home.
When Stuart’s deputy judge sentenced the case, it was a sad case. The 79-year-old defendant, Li Wansheng, listened to the radio music broadcast at home near the incident and drove beer to the 73-year-old man Pan Guo, who influenced his judgment. The fruit knife went to Lebanon to intimidate. The security guards witnessed the incident and tried to stop it. But the two old men continued to argue and entangled. The two fell on the flower bed. Li Wei picked up the knife that Pan lost his hand and fell to the ground. Stinging Pan 3 times, a fatal knife inserted into the chest to pierce Pan's left lung. When Pan responded, he said, "Oh! I am a prophet, I was inserted into the left!", but the defendant Li Wansheng was also physically Weak and fainted.
The judge said that the first knife of the defendant Li Wansheng may be from reasonable self-defense, but the second and third knives hindered their cognitive ability due to abnormalities in the disorder of Dementia and could not make rational judgments. The judge considered that the defendant was not the initiator of the incident, and the defendant never denied that he had stabbed the deceased. He could also reduce his responsibility for suffering from dementia that could not be healed. Therefore, he was sentenced to 20 months, after deducting the defendant has been remanded. The 21-month prison house means that the defendant can be released immediately.
Court reporter: Liu Xiaotong
【廣源邨謀殺案】七旬翁被判囚20個月 扣除還押時間當庭釋放
星島日報
22k 人追蹤
2019年8月19日 下午12:35
被告黎萬生。資料圖片
【星島日報報道】沙田廣源邨於2017年11月發生命案，一名醉翁因不滿一名七旬老伯在廣源社區中心外收聽廣播電台時的音樂嘈吵，持刀恐嚇老翁，二人糾纏一輪後，患有腦退化症的老翁激動地撿起醉翁之刀自衛反擊，狂刺醉翁三刀，醉翁送院治理後證實不治。被告老翁早前承認一項誤殺罪，法官考慮被告已被還押達21個月，考慮案情及背景後判被告監禁20個月，讓被告獲當庭釋放，其孫女亦有特意到庭旁聽及接送被告回家。
司徒冕暫委法官判刑時指本案是一件可悲的案件，現年79歲的被告黎萬生在案發當時在家附近收聽收音機的音樂廣播，飲用啤酒至影響其判斷能力的73歲男子潘國民便手持生果刀走向黎作出恐嚇，保安員目睹事件後到場嘗試制止，但兩名老翁繼續爭執並身體糾纏，二人跌倒在花牀上，黎趁亂拾起潘失手跌在地上的刀，連續刺向潘3次，致命一刀更插向胸腔刺穿潘的左肺，潘反應過來時說：「唉呀！我依家先知我被人插左一刀添！」，但被告黎萬生當時亦因身體虛弱而暈倒。
法官指被告黎萬生第一刀或許是出自合理自衛之用，但第二刀及第三刀則因腦退化症（Dementia）在混亂中發生異常而妨礙其認知能力，並且不能作出理性的判斷。法官考慮到被告並非事件的始作俑者，而且被告從沒有否認他曾刀刺死者，患有不能被醫治的腦退化症亦能為他減責，故最終判監20個月，扣除被告已被還押監房21個月，即代表被告今天能獲即時釋放。
法庭記者：劉曉曦
[Guangyuan Village Murder Case] 70-year-old Weng was sentenced to 20 months in prison. Deducted remand time was released in court.
[Sing Tao Daily]
Sing Tao Daily
22k person tracking
August 19, 2019, 12:35 PM
The defendant Li Wansheng. Profile picture
[Sing Tao Daily reported] Guangyuan Village in Shatian issued a life case in November 2017. A drunken man was dissatisfied with the music of a 70-year-old man listening to radio stations outside the Guangyuan Community Center. He was afraid of the old man with a knife. After a round of entanglement, the old man with degenerative brain disease excitedly picked up the knife of the drunkard and defended himself. The madman was drunk and three knives. After being drunk, he was found dead. The defendant had earlier admitted a manslaughter. The judge considered that the defendant had been remanded for 21 months. After considering the circumstances and background, he sentenced the defendant to imprisonment for 20 months, and the defendant was released in court. His granddaughter also deliberately attended the court. Transfer the defendant home.
When Stuart’s deputy judge sentenced the case, it was a sad case. The 79-year-old defendant, Li Wansheng, listened to the radio music broadcast at home near the incident and drove beer to the 73-year-old man Pan Guo, who influenced his judgment. The fruit knife went to Lebanon to intimidate. The security guards witnessed the incident and tried to stop it. But the two old men continued to argue and entangled. The two fell on the flower bed. Li Wei picked up the knife that Pan lost his hand and fell to the ground. Stinging Pan 3 times, a fatal knife inserted into the chest to pierce Pan's left lung. When Pan responded, he said, "Oh! I am a prophet, I was inserted into the left!", but the defendant Li Wansheng was also physically Weak and fainted.
The judge said that the first knife of the defendant Li Wansheng may be from reasonable self-defense, but the second and third knives hindered their cognitive ability due to abnormalities in the disorder of Dementia and could not make rational judgments. The judge considered that the defendant was not the initiator of the incident, and the defendant never denied that he had stabbed the deceased. He could also reduce his responsibility for suffering from dementia that could not be healed. Therefore, he was sentenced to 20 months, after deducting the defendant has been remanded. The 21-month prison house means that the defendant can be released immediately.
Court reporter: Liu Xiaotong
