HKSAR v. HUI SHING WA

 DCCC696/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 696 OF 2009

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Reasons for Sentence

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1.  You have pleaded guilty to one offence of attempted robbery, contrary to section 10 of the Theft Ordinance, Cap.210 and section 159G of the Crimes Ordinance, Cap.200.

2.  The facts briefly were as follows.  At around 10 pm on 29 May last, you hired a taxi driven by Mr Fung Cheuk-wai, PW1, at Castle Peak Road.  You sat on the left back passenger seat.  You told PW1 to drive to Tsung Pak Long, Castle Peak Road.  PW1 was suspicious, so he stopped the taxi and turned around.  At this point, you produced a knife and pointed it at PW1.  The blade was about 4 inches long, and you demanded money.

3.  PW1 tried to fend off the knife.  As a result, the knife cut his right hand.  This required four stitches.  PW1 then pretended to be taking money from his pocket but in fact opened the door and fled.  He turned to see you getting into another taxi.  He then stopped the vehicle at random and told the driver what had occurred, you and the taxi about three car spaces ahead.  The driver drove after the taxi and PW1 got back into his own taxi and drove to a nearby roadblock.  There he made a report to police officers.  As a result, the taxi in which you were travelling was intercepted.  You got out of the taxi and ran off, but you were chased and caught. 

4.  You admitted to four previous convictions involving six offences.  Two of those offences involved dishonesty, one being a robbery.

5.  I adjourned the case for a probation officer’s background report.  That report is before me and I understand you agree with its contents.  The report indicates that you do suffer from drug-related problems.  On your behalf, Mr Cheng entered mitigation.  Very sensibly and very properly, Mr Cheng did not repeat the factual information contained in the background report.  Inter alia, that told me that you were 34 years of age, a divorcee with two children to whom you have access and exercise that access, and that you have been employed in the field of transportation.  Also, according to your family, this type of offence is out of character.

6.  As I have said, your addiction to drugs was stressed.  Mr Cheng urged me to take into account your genuine remorse and of course your plea of guilty.  He said it was unfortunate that the taxi driver was injured and that that was not your intention, and he asked for leniency on your behalf.

7.  I turn now to the sentence.  Robbery or attempted robbery as we are dealing with today is a very serious matter indeed.  This is especially serious where a weapon is involved and injury is caused, albeit unintentionally.  I note that also this is the second time you have committed an offence related to robbery, the previous one being approximately seven years ago.  That must have been of a minor nature given the sentence imposed.  I note and accept that from the report, you are presented as a person who does have problems with drugs, and I do accept that the minor injury was not intended but it must be viewed as a logical result of threatening with a knife.  I do also note that your arrest was due to the presence of mind of the taxi driver, for which he is to be commended. 

8.  Taking all the factors into account, I take as a starting point in this case 5 years’ imprisonment - 60 months - reduced to 40 months for your plea of guilty.  You will go to prison for 40 months.