The verdict no. 371/2017/HS-PT dated july 24, 2017 on murder

THE SUPERIOR PEOPLE’S COURT OF HO CHI MINH CITY

THE VERDICT NO. 371/2017/HS-PT DATED July 24, 2017 ON MURDER

On July 24, 2017, at the head office of the Superior People’s Court of Ho Chi Minh City, the appellate trial is conducted to hear the criminal case No. 242/2017/HSST dated May 22, 2017 according to the appeal of the defendant Wen Yi M (On Di D), aggrieved party Lieu Nhu V against the First Instance Criminal Verdict No. 17/2017/HSST dated April 11, 2017 of People’s Court of Dong Nai Province.

Appellant:

Wen Yi M (also known as On Di D in Chinese Vietnamese); born in 1978, in Jiangxi, China; permanent residence: Group Le Thu H, B Village, D Commune, N District, Jiangxi Province, China; temporary residence: T Village, C Commune, T District, Dong Nai Province; nationality: Chinese; ethnicity: Han people; religion: none; education level: 6/12; occupation: manual worker; father's name:  Wen Bi F (also known as: On Tan P), died; mother’s name:  Li Chang X; wife’s name: Ha Vu P, born in 1991; child: 3 years of age; previous convictions and previous administrative violation: none; arrested on February 15, 2016 (present).

Other procedural participants making appeals or involving appeals:

The advocate for the defendant Wen Yi M: Lawyer Do Hai B, member of Bar Association of Ho Chi Minh City (present).

Aggrieved party: Mr. Lieu Nhu V, born in 1995 (absent with Request for Trial in Absentia).

Address: Phu T Commune, D District, Dong Nai Province.

Protectors of legitimate rights and interests of Mr. Lieu Nhu V: Mr. Dang Buu T - legal aid provider of State Legal Aid Center of Dong Nai Province (present)

Chinese translator: Mrs. Lau Cun D - Phuong Tay Translation Company Limited (present).

(In addition, in this case there are 4 more aggrieved parties who do not make appeals or involve the appeals are not summoned by the Court).

THE CASE

Pursuant to Indictment of the People’s Procuracy of Dong Nai Province and the First Instance Criminal Verdict of People’s Court of Dong Nai Province, the case contents are summarized as follows:

On November 22, 2011, Wen Yi M, born in 1978, Chinese nationality, entered into Vietnam, got into a courtship with and got married to Mrs. Ha Vu P, born in 1991, having lived in T Village, C Commune, Dong Nai Province. On December 27, 2011, Wen Yi M and Mrs. Ha Vu P registered their marriage in D Commune, N District, Jiangxi Province, China and had lived together in China. On January 9, 2013, Mrs. P gave birth to a daughter named Wen Hua Z. On January 16, 2015, Mrs. P asked the family in law to take her daughter to visit her parents in Vietnam. Deeming that the life in China is not appropriate, she did not bring the daughter back to China.

On January 28, 2016, Wen Yi M came to Mrs. P’s parent house in Group 6, T Village, C Commune, T District, Dong Nai Province to pick up his wife and daughter back to China. However, Mrs. P disagreed and a conflict arose between them, Wen Yi M doubted that Mrs. P refused to return to China as she had another husband in Vietnam.

About 22:00 on February 13, 2016, at Mrs. P’s house, after drinking beer with Mrs. P, Ha Tan N, Ha Vu L (born on August 1, 2000, Mrs. P’s sibling), Lieu Nhu V (L’s friend), permanent residence: Zone 1, Village 5, P Commune, D District, Dong Nai Province. Wen Yi M and N slept together in a room on the ground floor, Mrs. P and her daughter L and Mrs. Lau Nhoc K (Mrs. P’s mother) slept together in the next room, Mr. Lieu Nhu V slept along on the wood half-storey.

About 02:30 on February 14, 2016, sensing that everyone in the house sleeping deeply, filled with anger at Mrs. P, Wen Yi M intended to kill everyone in Mrs. P’s family. Wen Yi M went to the kitchen, took a brown wood splitting knife made of metal, with a white handle made of metal, 47.6cm long, 6cm wide as the murder weapon, and then came to the place where Mr. N was sleeping; holding the knife in the left hand, he made 4 slashes into Mr. N’s head. Being slashed, N woke up shouting and ran outside. Hearing Mr. N's screams, Mrs. P and Mrs. K woke up and ran over to the door. Approaching the door, they were slashed a lot by Wen Yi M and Ms. K fell unconscious. Wen Yi M continued holding the knife to chase Mr. N to the back of the house. At this time, L came out of the bedroom, Wen Yi M immediately slashed at her head and neck (with the knife edge and spine) making L fall to the ground.  Going downstairs to the living room, Mr. V was slashed several times in the head by Wen Yi M, causing V to fall unconscious.

After slashing five people of Ms. K's family, Wen Yi M returned to the bedroom to get a phone, but P locked the door inside, Wen Yi M took a Thai knife with a 22 cm long wooden handle at the kitchen shelf to unlock the door but the knife handle was broken. Then, Wen Yi M used the knife that had slashed victims before to slash the door to break the glass, so P threw the phone of Wen Yi M out.  Wen Yi M took the phone and ran off to the mountain field behind the house. L, Mr. N came out to call for help. Mr. Nguyen Quang B, Nguyen Khanh H, Vong Cam C, Vong Quang V (neighbors) came to rush the victims to hospital for emergency aid and reported the incident to the Police of Commune C. On February 15, 2016, Wen Yi M went to the Commune Police Station, T District, Dong Nai Province to give himself up and confess to taking all the criminal acts.

At the conclusion of the forensic examination of injury No. 0142/GDPY/2016, 0143/GDPY/2016, 0144/GDPY/2016, 0145/GDPY/2016, 0146/GDPY/2016 dated February 19, 2016, the Forensic Examiner Center of Dong Nai Province concludes the injury of the victims as follows:  Mr. Ha Tan N has a middle wound of 08x0,4cm in size, 2 left temporal wounds of 04x0.4cm and 03x0.4cm in size, a wound from right eye tail to hair root of 3.5x0.5cm in size, aesthetically ugly, with the examined injury rate is 9%; Ms. Ha Vu P has 2 left top forehead wounds of 08x0.5cm and 05x0.5cm in size, a left parietoloccipital wound of 6.5x0.5cm in size, left forehead cranial fracture 02cm long, left cranial crevices 04cm long, left forehead epidural hematoma, 32%; Mrs. Lau Nhoc K top right forehead wound of 08x0.5cm in size and forehead parietoloccipital of 09x0.5cm in size, right top cranial crevices of 10cm in size, right temporal epidural hematoma , left crestal fracture lesions of 04x01 cm in size, damage to the right cheekbones, 49%; Ha Vu L has top right cranial fracture of 02x0.7cm in size, electroencephalogram without electrode interference, c7 spinal vertebral fracture lesion, right temporal wound of 03x0.4cm in size and neck wound of 03x0.2cm in size, 18%; Mr. Lieu Nhu V has  right occipital brain damage of 02x01 cm in size and forehead brain - the 2-sided peak damage of 03x02cm in size, the left and right frontal epidural lesions, the skull cranial lesion 07cm long, right cracking and crumbling occipital of 02x02cm in size, cracked temporal cranial - right peak wound of 04x02cm, 2 temporal wounds of 07x0.5cm and 06x0.5cm size, right occipital wound of 03x0.5cm, top forehead wound between 13x0.5cm in size and left top forehead wound of 07x0.5cm in size, 63%.

In the First Instance Criminal Verdict No. 17/2017/HSST dated April 11, 2017, the People’s Court of Dong Nai Province decides:

Declaring the defendant Wen Yi M, also known as On Di D in Chinese - Vietnamese guilty of "Murder".

- Pursuant to Points a, c, n Clause 1 Article 93; Point p of Clause 1 and Clause 2 of Article 46; Article 18; Clause 3, Article 52 of the Criminal Code; Official Letter No. 276 dated September 13, 2016 of the Supreme People's Court.

Sentence: the defendant Wen Yi M (On Di D) to 19 (nineteen) years‘ imprisonment for "Murder" crime.  The prison term commences from February 15, 2016.

In addition, the First Instance Verdict also decides on the part of civil liability, handling of evidence, the first-instance court fee, the obligation to enforce the judgment and the right to appeal in accordance with the provisions of law.

On April 24, 2017, the aggrieved party Mr. Lieu Nhu V filed an appeal with a request to increase the penalty for the defendant and take temporary measures to ensure restitution for the damage caused. 

On April 25, 2017, the defendant Wen Yi M filed an appeal for commutation.

At the court hearing, the Prosecutor assesses the nature and extent of the offense, proposes not to accept the defendant's appeal, the appeal of the aggrieved party Lieu Nhu V and upholds the First Instance Verdict.

The defendant and defendant's defense argued that the defendant’s commission of the crime as a result of improper treatment of the victim's family leading to the fact that the defendant was psychologically suppressed and blindly committed crime, they request for commutation to reduce penalties for defendants to make restitution for the damaged caused.

Based on evidence and documents already examined and adversarial process at the appellate court session, in consideration of adequate and comprehensive examination of evidence and opinions of the procurator, the defendant, the advocate and other participants in the proceedings.

JUDGMENT OF TRIAL PANEL

At the appellate trial, the defendant Wen Yi M confessed to the murder as stated in the First Instance Verdict.  His testimony is consistent with the statements of the aggrieved parties and witnesses, expert conclusions, seized evidence and other documents and in the case file, there are valid grounds to conclude as follows:  Filled with anger to the wife Mrs. Ha vu P as she refused to bring her child back to China, and with suspicion that she had romantic relationship with another man, the respondent intended to kill everyone in the wife’s family. Taking advantage of the late night time when people slept soundly, the defendant used a wood splitting knife to make a lot of slashes to the heads and necks of all 5 victims in Mrs. P’s family, causing them serious injury from 9% to 63%, dangerous to their lives if they are not treated promptly.  Therefore, the Court of First Instance to hear the defendant of "Murder" under points a, c and n, clause 1, Article 93 of the Criminal Code is well-grounded and lawful.

Only due to the failure to persuade his wife to bring the daughter back to China, he intended to kill all his wife's family members; the defendant ruthlessly used a wood splitting knife to slash everyone in the house.  The defendant's behavior is cruel and especially dangerous to society, and committing crimes at the same time with three circumstances that aggravate the punishment which are killing many people, killing children and of a gangster-like nature.  People who the defendant harmed are all relatives in the house of the defendant's wife, causing a wave of discontent among the people and causing serious social security disorder.  The non-death of the victims is beyond the subjective consciousness of the defendant, but also leaves very severe sequelae on the body and the labor force of the victims, so it is necessary to sanction the defendant with a very serious sentence.  However, the Court of First Instance has also considered that the defendant has committed attempt, voluntarily confessed, showed repentance and desire to redeem his faults, and is a foreigner who has limited legal knowledge. Pursuant to Points a, c and n, Clause 1, Article 93; Point p of Clause 1 and Clause 2 of Article 46; Article 18; Clause 3 Article 52 and Official Letter 276 No. 276/TANDTC-PC dated September 13, 2016 of the Supreme People's Court, sentence the respondent Wen Yi M to 19 years in prison.  Considering that the above sentence is satisfactory, necessary and has enough effect of crime deterrence and prevention.

The decision on the penalty of the First Instance Judgment has a legal basis, the Appellate Trial Panel has no grounds to accept the appeal to reduce the penalty of the accused and appeal the request to increase the defendant’s penalty of the aggrieved party Lieu Nhu V. For the requirement to apply temporary measures to ensure his compensation for Lieu Nhu V is unfounded, because the defendant is a foreigner who has no property in Vietnam and this request is beyond the scope of appellate trial.  Other decisions of the First Instance Verdict which do not have any appeal will remain legally effective. The opinion of the Prosecutor at the court is grounded, the First Instance Verdict should be upheld.

Based on the above-mentioned facts and matters,

HEREBY DECIDES

Pursuant to Point a Clause 2 Article 248 of the Criminal Procedure Code,

1. Do not accept the appeal of the defendant Wen Yi M (On Di D); do not accept the appeal of the aggrieved party Lieu Nhu V and uphold the First Instance Verdict. 2. - Pursuant to points a, c, n clause 1 Article 93; Point p of Clause 1, Clause 46; Article 18; Clause 3, Article 52 of the Criminal Code; Official Letter No. 276 of September 13, 2016 of the Supreme People's Court.

Sentence: the defendant Wen Yi M (On Di D) to 19 (nineteen) years‘ imprisonment for "Murder" crime.  The prison term commences from February 15, 2016.

3. With reference to court fees: Defendant Wen Yi M (On Di D) has to pay VND 200,000 appellate criminal court fee.

4. Other decisions of the First Instance Verdict which do not have any appeal will remain legally effective from the expiry of time limit for the appeal.

The Appellate Verdict shall take legal effect from the date of pronouncement.