HKSAR v. CHU KWOK YUI

HCCC272/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 272 OF 2009

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT:  Defendant, you have been committed to this court to be sentenced in relation to a charge of attempted robbery, contrary to section 10(1) and (2) of the Theft Ordinance, Cap. 210 and section 159G of the Crimes Ordinance, Cap. 200, Laws of Hong Kong.

     The circumstances of this offence were extremely serious.  The facts, which you have agreed, indicate that, at 11.30 pm, on 18 February 2009, you followed a cleaner into an off-course Jockey Club betting centre in Sham Shui Po when the centre had closed for business.

     A security guard tried to stop you but you pushed past him.  You brandished a 10-inch knife, grabbed an employee of the Jockey Club, placing the knife against his neck and declared robbery, saying that you had a bomb with you.  You took out a plastic bag from your shoulder-bag and threw it on to the counter, causing the bottles to smash which resulted in a strong smell of thinner emanating.  You also threatened another staff member by pointing the knife at him.

     A struggle ensued and you were eventually subdued.  During the course of the struggle, four of the Jockey Club staff were injured, two of them seriously.  One of those two was hospitalised for two days, having suffered multiple lacerations, and the other similarly suffering multiple lacerations which required 11 stitches.

     I can tell you that it gives me no pleasure whatsoever to have to sentence you today.  You are close to 60 years of age and have never broken the law before.  The background report which I have before me testifies to the fact that you have always been a hardworking man who has looked after your family well. 

     Your son is here today.  He has written a letter to me which has touched me.  This serious offence was committed by you completely out of character and out of desperation, due to the fact that you had accumulated heavy debts.  You could see no way out. 

     You have expressed remorse which I have no doubt is quite genuine.  You have written a letter to the victims, albeit belatedly, expressing your regret.  Your 90-year-old mother who, I am told, you were extremely close to, passed away whilst you were in custody, after she heard about your crime. 

     All of these matters, together with your plea of guilty, I take into account in passing sentence on you today. The fact remains, however, that this is a most serious offence.  You armed yourself with a knife and, at the time, had scant regard to the safety of anyone in these premises.  One shudders to think of the fear and panic that must have been going through the minds of the Jockey Club employees at the time.  For all they knew, having seen you smash the bottles on the counter and smelt the thinner, the threat that this was a bomb must have felt very real.

     In a civilised society such as Hong Kong, despite your hitherto unblemished character, an offence such as this does call for a deterrent sentence in order to avoid copycat offences.  I take as my starting point 12 years’ imprisonment.  This will be discounted by one-third to take account of your plea of guilty, coming to 8 years’ imprisonment.

     To take account of the other mitigating features that I have referred to, I am prepared to discount this further by 6 months, arriving at a sentence of 7½ years’ imprisonment.