HKSAR v. TSUI CHI MAN

DCCC403/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 403 OF 2009

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to a single offence of Robbery, contrary to section 10 of the Theft Ordinance, Cap.210.

2.  You admitted the brief facts and I convicted you.

3.  The facts were as follows.  At about 11.20 am on 23 January last PW1, Wong Big-kwan, aged 84 who had earlier withdrawn money from his bank account opened the door to his home at 33 Larch Street, Lever Building, Room 10A, 10th Floor, Tai Kok Tsui.

4.  Suddenly someone grabbed his neck from behind and pushed him into the flat.  He turned to find a male with a 15 cm paper cutter who declared “Robbery”.  PW1 struggled with the man and he had his head banged on the wall and was head butted.  However he managed to take away the knife.  The male cut his right palm whilst trying to retrieve it.

5.  The man said he had no money to feed himself.  PW1 then threw $700 on to the floor.  The man picked it up and asked for the return of the cutter.  PW1 told him to leave first and he did.  PW1 locked the gate and threw out the cutter.  The man fled. 

6.  PW1 was treated for tenderness and abrasion to his head. 

7.  You were identified by the use of CCTV and arrested later at Kwong Wah Hospital.  Later you admitted the robbery stating that it was because of your losses in gambling and shares. 

8.  A search revealed a blood stained cutter, a bundle of wire, a pair of blood stained gloves, the right one having a cut, $671, a towel and a bottle of suspected chloroform. 

9.  In a record of interview under caution you made a full confession.  You claimed that you’d lost $700,000 on football gambling and investment in shares.  You admitted to one subsequent conviction dating from 19 May when you were sentenced to 8 months imprisonment for crimes of dishonesty.  You are at present serving that sentence.

10.  I adjourned the case for a probation officer’s background report which is now before the court.  Whilst speaking positively of your early years, the latter year seemed to have been somewhat disastrous.  Mr Yuen assures me that he has explained the report to you and you have understood it and you agree with its contents. 

11.  In mitigation Mr Yuen told me much of which is confirmed by the probation report that you are 30 years of age, Hong Kong born and single.  You were driven to commit the offence by your present financial needs.  Indeed there is a history of bankruptcy.  Your plea of guilty was stressed.  Your cooperation with the police and that at the time of the commission of the offence you were of hitherto clear record.

12.  In sentencing you I took into account the mitigation advanced, the contents of the probation report and the nature and facts of the case.

13.  This is an extremely serious matter.  It is an armed robbery using a paper cutter to threaten an 84-year-old man.  The victim was injured - fortunately lightly - by having his head banged on the wall and being head butted.  Perhaps the one point in your favour is that you did not use the paper cutter in the attack on the old gentleman. 

14.  It also seems to me that this is more serious and that the robbery was planned and contemplated.  The victim was targeted taking into account his advanced years and the fact that he had just withdrawn a considerable sum of money from the bank and then followed to the site of the attack. 

15.  I do note that at the time and the commission of this offence you did have a clear record.  The explanation of financial difficulties is, in my opinion, neither unusual nor capable of mitigating the penalty, especially as these financial difficulties are caused by your own foolishness and your inability to manage your budget. 

16.  As I said at the beginning of my reasons for sentence this is a very serious offence.  I take, in all the circumstances, a period of 5½ years, that is, 66 months’ imprisonment.  That will be reduced to 44 months for your plea of guilty and this being a totally separate matter will be served consecutively to your existing sentence.