Using a hammer to hit a neighbor's head because of the sound of a motorbike

On September 18, Nghe An Provincial People's Court opened an appeal hearing for defendant Nguyen Dac Nhat (born 1989), residing in Vinh Tan ward, Vinh city, for the crime of "Intentional injury".

According to the case file, at about 7:20 p.m. on December 3, 2023, Mr. Nguyen Xuan H. (born in 1956) started his motorbike to go to the cultural house of the block for a party cell meeting. At this time, Nguyen Dac Nhat was sitting alone in the house drinking alcohol and heard the sound of a motorbike starting.

Due to a history of mental illness, Nhat was depressed and upset. When he saw Mr. H. driving a motorbike past his house, Nhat took a hammer and ran out to block his neighbor's vehicle.

Nhat took a hammer and hit Mr. H.'s helmet, causing him to fall to the street. Then, Nhat continued to hit Mr. H. repeatedly on the body and head.

Suddenly being beaten, Mr. H. could only raise his two hands to defend himself, but Nhat hit him on the hands and face, injuring him. When Mr. H. loudly begged Nhat, the wife in the house heard her husband and ran out, calling for everyone. Only then did Nhat stop, run into the house to hide the hammer and nails, and leave.

Mr. H. was taken to Nghe An Provincial General Hospital for treatment from December 3 to 29, 2023. The victim suffered severe injuries to the top of his head, forehead, face, etc.

On December 6, Mr. H. wrote a petition to initiate criminal proceedings and request an injury assessment. The authorities determined that Mr. H. suffered 60% bodily injury.

As for the perpetrator, one day after committing the crime, he turned himself in to the police. Because this subject is mentally ill, the authorities conducted a psychiatric assessment. The conclusion was that before, during and after committing the crime, Nguyen Dac Nhat suffered from a discriminative disorder, which limited his ability to perceive and control his behavior.

The first instance court sentenced Nguyen Dac Nhat to 6 years and 6 months in prison for "Intentionally causing injury". Afterwards, the defendant and his legal representative filed an appeal for a reduced sentence.

At the appeal hearing, the defendant stated that he was so upset by the noise of his neighbor's motorbike that he used a hammer to hit someone.

The defendant's legal representative stated that because Nhat suffered from mental illness, his awareness was somewhat limited and he often lost control. This person presented his difficult circumstances, the defendant being an orphan of both parents, asking the court to consider reducing his sentence.

The appellate court found that the defendant had limited cognitive ability and behavior control, so it accepted the appeal. The court sentenced defendant Nguyen Dac Nhat to 5 years in prison for "Intentionally causing injury".