HKSAR v. CHEUNG HUNG TAT

DCCC832/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 832 OF 2012

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one charge of robbery, contrary to section 10 of the Theft Ordinance.

2.  You admitted that on 10 August 2012 at the staircase between the ground and 1st floor of Tak Po Building in Tai Pei Square, Tsuen Wan, you robbed a lady of one necklace and a pendant.

3.  The victim of the charge lived in that building.  At about 4.45 pm that day she returned home after shopping.  She had used the key to open the door of the main building and started walking up the stairs.  Between the ground and 1st floor, you suddenly grabbed her neck with your right hand from behind and and used your left hand to snatch the gold necklace attached with a jade pendant she was wearing. 

4.  The victim struggled and shouted for help. However, you pushed her down the stairs.  After she fell down the stairs, you fled by running down past her.  She realised her necklace was torn off her neck and she gave chase and shouted for help.  She chased after you into the street and eventually you were stopped by a police officer. 

5.  She told the officer that you had robbed her of her necklace and pendant.  You admitted to the officer that you had done so. 

6.  Part of the gold necklace was recovered from the staircase of the building where she was robbed.  The jade pendant was also recovered.  The value of the gold necklace and the pendant amounted to $6,500. 

7.  The victim sustained an abrasion on her neck which was 3 by 5 inch in size.

8.  Defendant, I have taken into account all the mitigation said on your behalf by Ms Tam, your solicitor, and the letters that you and your mother and brother have written to me.

9.  You are a man aged 36 and of clear record. 

10.  I accept that this is wholly out of character. Your family speak highly of you saying that you are a caring, loving person and a person who has never actually committed any wrongdoings in so far in your life. 

11.  You are very remorseful for your misdeeds and you have informed me that the reason why you committed this offence was because of the depression that you have felt since your wife who came from China to join you with your two daughters left very soon after she arrived.  You were in despair as you have not been able to see your daughters and have missed them very much.  You have gone through a very difficult time and felt devastated. 

12.  That night that you committed this offence, you had drunk alcohol which you know is not an excuse for your wrongdoing but then for some reason you committed this offence.

13.  It is a great shame to see that a young man like yourself who has had a clear record and is a hardworking, loving son, who has been in gainful employment has committed this very, very serious crime indeed. 

14.  Your solicitor, Ms Tam, has rightly pointed out, for robberies that are unarmed, that is without a knife, the usual starting point is one of 4 years’ imprisonment.

15.  The facts of this case are very serious. You actually robbed the victim in the building to which she was living.  She in fact had to unlock the main door to enter the building and you followed her in.

16.  Everybody expects to be safe in their own abode or building.  Furthermore, it was in the early evening or late afternoon.  Apart from grabbing her neck and snatching her necklace, you used force and pushed her down the stairs.  It was fortunate you did not sustain more serious injuries. You grabbing her on the neck caused her to suffer a 3 by 5 inch abrasion. 

17.  Had it not been for her brave and courageous act of struggling with you and chasing after you, you would have no doubt got away with this offence.

18.  I am satisfied on these facts that the appropriate starting point is one of 4 years’ imprisonment.  As Ms Tam, your solicitor, rightly says, the most cogent and strongest mitigating factor is your plea of guilty. 

19.  Giving you full credit for your plea of guilty, that term should be reduced to one of 2 years and 8 months’ imprisonment to which you shall be so sentenced.