HKSAR v. CHAN CHI KEUNG

DCCC 663/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 663 OF 2010

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Reasons for Sentence

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Charge and case found

1.  The Defendant is convicted after trial of robbery. At 9: 40 p.m., on 25 April 2010, outside No. 33 Ivy Street, Mongkok or also known as the Tai Kok Tsui area, with an unknown male, he set upon a female victim. One of them tried to pull a handbag from her. She tried to pull back. She was punched and fell to the ground. They made off with her handbag which contained a wallet, cash of $90, a Hong Kong Identity Card and two bank cards. Both robbers then ran away from the scene.

2.  The police arrived and caught one of the robbers, namely the Defendant, after a chase. He was in possession of her handbag with contents.

3.  As a result of the robbery, the victim suffered tenderness, redness and bruises over the region between temple and jaw, redness over both elbows and left foot, as well as bruises over left hand and right knee.

Personal background and mitigation put forward

4.  The Defendant is 57 years of age. He is married with no children. He has attained F.4 education. He had been receiving public assistance before arrest. He has a history of fracture of his tibia and rib. He is suffering from varicose vein on both legs. He has a myriad of convictions including robberies, theft and drugs but there is no clear pattern of recidivism.

Sentencing principles

5.  In Mo Kwong-sang v The Queen [1981] HKLR 610, the Court of Appeal laid down a sentencing tariff of 5 years for robbery displaying a knife or dangerous weapon. If physical violence was used, a sentence of 6 years would be appropriate.

6.  In The Queen v Yau Kwok-tung [1987] HKLR 782, the Court of Appeal regarded that, for a robbery not displaying weapons, a sentence of 4 years should be at the top end of the tariff for cases envisaged in Mo Kwong-sang (above).

7.  In HKSAR v Au Chi Hang & Others [2006] 2 HKLRD 310, the Court of Appeal considered the starting point, among other matters, of sentences on 3 charges passed on 3 defendants. Charge 1 involved only one defendant. There had been no violence used. The starting point was revised to 2½ years. Charge 2 involved only one defendant. A wooden rod had been displayed to threaten the victim. The starting point was revised to 4 years. Charge 3 involved all 3 defendants. They had used a wooden rod and a metal rod to beat the victim. The victim suffered minor injuries to the right arm and hand. The starting point was revised to 5 years.

Sentencing present Defendant

8.  Our present case can be compared to Charge 2 of Au Chi Hang (above) in terms of seriousness. In Au Chi Hang but not here, a wooden rod was displayed whereas in here but not Au Chi Hang there were 2 robbers acting in concert and the victim suffered minor injuries. I take 4 years as the starting point. There are no mitigating factors. This is his sentence.