COURT: Defendant, on 25 January 2021, you pleaded guilty to an offence of robbery, contrary to section 10(1) and (2) of the Theft Ordinance before a magistrate sitting at the Eastern Magistracy. At the same time, you admitted the Summary of Facts.
As regards the facts of this case, I had a trial in regard to the two alleged other robbers before me and your counsel Mr Tony Li has no objection to this court to take into account the evidence as I have heard at that trial in respect of this offence from the victims and the CCTV evidence.
Defendant, you have admitted that on 23 March 2020 outside the ground floor, Kwai Fong Industrial Building, No 9 Kwai Cheong Road, Kwai Chung, New Territories, in Hong Kong, you together with Cheung Tsz-hin, Chow Tik-man and other persons unknown, robbed Hui Bui-yan, Ina; Hui Bui-sai, Bessy and Wong Wing-kuen of a shopping bag and a Hermes handbag.
I say at this instance that Cheung Tsz-hin and Chow Tik-man were acquitted after trial before a jury and that is the trial I am referring to.
Defendant, the facts can be stated as follows. In or about March 2020, Bessy Hui Bui-sai had made an arrangement to sell her Hermes bag to a female over the phone for a price of $390,000. Bessy and the female buyer had agreed to meet at Kwai Fong Building to carry out their sale. Bessy, who is PW1 and her sister, Ina Bui-yan, PW2; Ina’s colleague, PW3, Mr Wong Wing-kuen, and Bessy’s husband, Mr Lo Ka-shu, Ricky, PW4, went there in a vehicle driven by Mr Lo on 23 March 2020.
Instead of being met with a sale, they were met with a robbery by three masked men carrying weapons. One of them was you and at that time, you were carrying a knife.
On 23 March at about 7 pm, outside the ground floor of Kwai Fong Industrial Building, Kwai Cheong Street, Bessy and Ina Hui and Mr Wong were at the ground floor of the building waiting for the buyer. At that time, Ina was carrying the Hermes handbag which was inside a Hermes box carried within a blue Ikea shopping bag.
While waiting, Bessy received a call from the unknown female buyer asking about her location and outfit. Shortly thereafter, you and two other robbers dressed in dark clothing, black caps and black masks approached them. You held a long beef knife whilst the other two robbers held long metal rods. Robbery was declared. Mr Wong was attacked with the rods by the robbers. Mr Wong’s right hand was injured after it was struck by the rod.
He received medical treatment at the hospital and was found to have tenderness on his right index and middle fingers and bruising on his right proximal phalanx of index finger and right proximal interphalangeal joint. At the trial this year, he still said he was limited in his use of his hand and suffered pain.
Ina who was carrying the Hermes bag when she heard declaration of robbery, ran in the direction toward where Bessy’s husband had parked the car. The robbers then chased after her. At or near the car, Ina was hit with a rod on her back and about the same time you, defendant, snatched the Ikea bag containing the Hermes bag from her.
After you had successfully snatched the bag, all three of you robbers fled. At the time that you snatched the bag or immediately before it can be heard that Ina made a loud scream which was recorded on the car camera of Mr Lo.
At about the same time of this robbery, police officers who were on anti-crime patrol carrying out surveillance in the vicinity were informed of this incident. One of the police officers saw you run with the bag and chased after you. You were eventually intercepted by the police officer nearby. You were caught red-handed with the Hermes handbag. A knife of about 44 centimetres in length was found inside the Ikea bag. A pair of black gloves, a black face mask and black hat which was worn by you during the attack was also found upon a body search of you. Clearly the other two robbers escaped.
As I had asked Mr Tony Li prior to sentencing you today, it is not challenged and is accepted by Mr Li, SC, that the evidence from the CCTV and the evidence of the victims given in the trial against the other two alleged robbers of Cheung Tsz-hin and Chow Tik-man is relevant in sentencing you in the present case.
The actual snatching of the bag carried by Ina by you was not caught on CCTV video. However, at the time immediately before or at the time of snatching the bag, as I mentioned it could be heard from the car camera the loud scream let out by Ina. The actual approach by you robbers to Mr Wong and the Hui sisters and their fleeing from you robbers was all caught on CCTV.
In the record of interview subsequent to your arrest, you admitted that a person whom you referred to as wanted person had told you and the other two robbers about the plan of robbing a luxury handbag on or about 4 March 2020. You admitted that on 22 March, the day before the robbery, you received a message from the girlfriend of the wanted person informing you that you would rob someone of the handbag in Kwai Chung.
So on 23 March, you and two robbers, the other two males involved in the robbery took a taxi to the location and one of those other two robbers gave you the knife to carry during the robbery. You admitted that when the three of you arrived at the vicinity, the wanted person called you and told you about the description of the clothing of Bessy. You spotted that person, Bessy. The three of you then went forward and declared robbery. You admitted you successfully snatched the bag.
The instructions you received from the wanted person was that after successfully robbing the handbag, you would contact the wanted person and hand over the handbag to the wanted person. Thereafter, the handbag would be sold and you and the other two robbers would receive an award of about 60,000 to $70,000 each.
Mr Tony Li has given me written mitigation and I have taken into account all that he has had to say on your behalf. You are currently 21 years of age and have a clear record. You have received education up to secondary Form 2. You previously worked as a cook and was paid $18,000 a month. You also worked as a removal worker and a construction worker before. Due to the pandemic, you had been underemployed for some months and was only able to earn $9,000 per month.
Prior to this robbery, you agreed to assist your uncle to settle a debt of about $400,000. As is said by Mr Li, you committed this offence due to financial pressure. I have received a letter from you showing me your deep remorse and for letting your family down in committing this offence.
You inform me that you are determined to turn a new leaf and you feel the love from your parents and wish to integrate into the community sooner and you promise to be a law abiding citizen.
I have also received a letter from your mother who blames herself for having neglected you, who speaks of you as a kind-hearted person and loved to help others when you were young. I have taken into account all the matters as stated in those letters to me.
Mr Li has referred correctly to the often cited case of Mo Kwong Sang [1981] HKLR 610 where the court laid down guidelines for armed robbery offences. Armed robbery in this case refers to knives and other dangerous weapons but not to firearms.
As is said in Mo Kwong Sang, little account can be given to the previous clear record of anyone who takes part in an armed robbery. This robbery clearly was a terrifying event for the victims. It appears that you, defendant, believed you were going to rob a single female of a very expensive famous branded Hermes handbag.
You went to the robbery armed with weapons and in an armed force of three persons to support each other. I take into account what was said in Mo and I sentence you as follows. In Mo, the court held that where the defendant was carrying a knife which was displayed towards the victim, that would normally attract 5 years’ imprisonment. In this case, defendant, you were carrying a knife and it was displayed and therefore the appropriate starting point should therefore be that of 5 years’ imprisonment.
The court also held in Mo that if there was any physical violence, the sentence of 7 years should be considered. In this case, there was violence used against Mr Wong and Ina in hitting them with iron rods. Not only was there violence but there were injuries as suffered by Wong although not serious. For this factor I, therefore enhance the term to that of 7 years’ imprisonment.
The further aggravating factors are that of the presence of more than one person. This was a robbery committed by a group of robbers who were present at the scene. There were three of you robbers each of whom held weapons. The two robbers who escaped held iron rods.
In this case, there were at least another two persons involved in this joint enterprise. The female who set up the false purchase and her boyfriend, the wanted person who organised and arranged for you, defendant, and the other two robbers to do the actual stealing. This was a well-planned and premeditated robbery.
I consider an enhancement for these aggravating factors to be a further enhancement of 2 years, giving a notional sentence of 9 years’ imprisonment had you been convicted after trial.
The strongest and only mitigating factor in this case, defendant, is your early plea of guilty. Giving you the appropriate one-third discount, defendant, you are sentenced to 6 years’ imprisonment.