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DCCC870/2009
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 870 OF 2009
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HKSAR |
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v. |
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Tai Tin-ho, Zafar (D1) |
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Lau Wai-chung (D2) |
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Wong Tsz-fung (D3) |
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But Ka-wai (D4) |
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Date:
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19 January 2010 at 11.09 am
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Present:
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Mr Jeffrey Fenton, Counsel on fiat, for HKSAR
Mr Tang Lung-wai, Stephen, instructed by Messrs Tung, Ng, Tse & Heung, assigned by the Director of Legal Aid, for the 1st Defendant
Miss Ho Yuen-han, Anna, instructed by Rowdget W Young & Co., assigned by the Director of Legal Aid, for the 2nd Defendant
Mr Li Shu-pui, Dickson, instructed by Simon C W Yung & Co., for the 3rd Defendant
Mr Cheung Kin-Bor, Michael, instructed by C Yu & Co., assigned by the Director of Legal Aid, for the 4th Defendant
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Offence:
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Conspiracy to rob (串謀搶劫)
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Reasons for Sentence
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1. You four defendants were all part of a conspiratorial agreement in June of last year to rob a taxi. The agreement itself was hatched by you, the 1st defendant, who clearly was the ringleader in this plot. You were the one who, when the taxi had stopped at its destination at Butterfly Beach, grabbed the taxi driver from behind by his neck, whilst you, D2, and you, D3, dashed out of the back of the taxi and attempted to grab the cash box from the driver. When the taxi driver fought back successfully you all ran away.
2. This was a cowardly attack on a taxi driver, who, by the very nature of their business, are exposed to the sort of dangers that manifested itself that day. It is only fortunate that the taxi driver suffered no injuries.
3. The courts in Hong Kong have time and again said that taxi drivers must be protected from persons such as yourselves who think that it is fun to go out and rob a taxi.
4. You, D1, are no stranger to the courts. Despite your relative youth, you are still only 17, you will be 18 in April, you have a previous conviction for theft and for possession of an offensive weapon in a public place. For these offences you were sent to a rehabilitation centre.
5. Despite the fact that you are said to be suitable for training in a training centre or detention centre, I decline to make such an order on you in this case. I am persuaded that the proper sentence in your case is a period of imprisonment.
6. You were, as I have said, the ringleader in this offence and persuaded the others to come along with you. You have denied the offence throughout despite the clearest of evidence and have not once shown even an inkling of remorse. You will go to prison for 5 years.
7. D3, you have also been convicted after trial and have shown no element whatsoever of remorse. You are suitable for detention in a detention centre or training centre. In your case, I make a Training Centre Order.
8. D2 and D4, both of you two defendants are, I find, in a different category from D1 and D3. Both of you pleaded guilty at the outset of this trial and both of you gave evidence for the prosecution. Without your testimony, the prosecution may have had difficulty in obtaining convictions.
9. Both of you are still young, only 15 years of age, and have effectively been in custody since June of last year.
10. Whilst you are now aware how seriously this court views cases such as this, in both of your cases I am prepared to take a lenient approach, an exceptional approach, taking account of the matters that I have referred to and the minimal roles that you played in this incident.
11. D2, you will be placed on probation for a period of 18 months. This will be on conditions. Firstly, you should be of good behaviour and keep the peace; you should, secondly, study, work and reside as directed by the probation officer; thirdly, you should participate in any social or educational program as directed by your probation officer. Do you agree to being placed on probation on those conditions?
2ND DEFENDANT: Yes.
12. D4, you will also be placed on probation for a period of 18 months. Once again, this will be on conditions. Firstly, you should study, work and reside as directed by the probation officer; secondly, you should not abuse dangerous drugs; thirdly, you should submit a urine sample from time to time as directed by the probation officer; and lastly, you should stay at home. There is a home curfew in your case between 10 o’clock at night and 6 o’clock in the morning, unless you obtain the prior approval of the probation officer. Do you accept those conditions?
4TH DEFENDANT: Yes.
13. I place both D2 and D4 on probation for 18 months on those conditions and warn them that in the event of any breach of these conditions of their Probation Order they can be brought back before myself and dealt with accordingly. Do they understand that?
2ND DEFENDANT: Understood.
4TH DEFENDANT: Understood.
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H H Judge Geiser |
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District Judge |
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