COURT: The defendant has pleaded guilty to one count of robbery and one count of attempted robbery, contrary to Section 10 of the Theft Ordinance and Section 159G of the Crimes Ordinance. He is committed to this court for sentence.
In the morning of 15 January 2023, the defendant boarded a taxi and asked to go to Mong Kok. When the taxi reached Fa Yuen Street, Mong Kok, the defendant took out a cutter and pointed at the driver and declared robbery. The taxi driver surrendered $400 to the defendant, and the defendant fled.
In the early morning, that is 5.03 am on 16 January 2023, the defendant again boarded another taxi and asked to go to Mong Kok. As the taxi stopped outside Fa Yuen Street Municipal Services Building, the defendant placed a knife next to the taxi driver’s neck and declared robbery. The taxi driver shouted for help, and the defendant fled the scene. The defendant was arrested on the same day.
The defendant is aged 39, educated up to Form 3 level. He has six criminal records, including seven offences. He committed the present offence whilst he was on police bail. As he was in serious debt, he therefore came up with the idea of robbing a taxi. I doubt the fact that robbing taxis could have alleviated his financial problem at all.
In R v Tran Van Anh CACC 143/1992, it was held that taxi drivers were particularly vulnerable to robbery, especially those who plied for hire late at night or in the early hours of the morning or who pick up or drop passengers in quiet locations. A sentence of 7 years’ imprisonment after a contested trial would be justified.
The defendant’s acts in relation to the 2nd count fits squarely with the holding in the case I have just mentioned. The robbery was done at 5 am in the morning. The defendant placed a knife next to the driver’s neck. This constitutes a measure of violence, albeit not serious violence.
As such, for Count 2, 7 years will be adopted as the starting point. A one-third discount will be given for his plea. This reduces the sentence to one of 56 months’ imprisonment. For Count 1, 6 years will be adopted as the starting point. After a one-third discount, the sentence is reduced to one of 48 months’ imprisonment. 24 months of Count 1 will be ordered to serve consecutively to the 56 months imposed on Count 2.
As such, for the two counts of offences the defendant stands convicted, he is sentenced to 80 months’ imprisonment.