HKSAR v. KO KA KIT

DCCC886/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 886 OF 2010

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to a single offence of attempted robbery, contrary to section 10 of the Theft Ordinance, Cap.210 and section 159G of the Crimes Ordinance, Cap.200.

2.  Briefly, the facts are as follows.

3.  Madam Chau Yin, who was PW1, ran a one woman brothel at Room A, Front Block, 2nd Floor, 133 Cheung Sha Wan Road, Shamshuipo.

4.  At around 6 pm on 18 June last you visited PW1 at her room for sex.  You had with you a shoulder bag and three plastic cable ties in the front pocket of your jeans.  After sex, PW1 found you to be acting weirdly, so she dressed and stood by the door so she could leave.  You walked near to PW1 and you searched your shoulder bag.  PW1 asked you if you had enough money for the sexual service and you made no reply.  Instead, you took out a paper cutter with a blade about 3 inches long.  You pointed the paper cutter at PW1 and pressed your left hand on PW1’s shoulder and declared robbery.

5.  PW1 grabbed your right hand and asked if you wanted money.  You said you did.  PW1 then pretended that she was taking out money but she tried to open the door.  You pushed forward and struggled with PW1 for about 5 minutes. 

6.  Suddenly you knelt down and asked PW1 to let you go as you had no money for your wife in Mainland China and your baby, who were both young.  PW1 asked you for the paper cutter, and you gave it to her.  She restored the blade and shouted for help.

7.  You tried to silence PW1’s shouting by covering her mouth and pressing her neck, but you failed.  Eventually, you managed to open the door to flee but PW1 tried to stop you and struggled at the doorway. At this point, the next-door neighbour, Madam Tang Fung-lam, saw the struggle via CCTV and reported the case.

8.  With the help of two passers-by you were arrested by the police.

9.  Upon search, you were found to be in possession of 100 plastic clips, a pair of labourer’s gloves and cash of $62.80.

10.  Under caution, you admitted to owing someone $50,000, that you had a wife in the Mainland with a 2-month-old son.  You explained that you had no way out other than through robbery.

11.  Effectively this was a full admission.

12.  In a video-recorded interview you repeated and gave more detail of that admission.

13.  PW1 was found to have the injuries detailed in the report of Dr Mok Ka-wing.  Those fortunately were superficial injuries. 

14.  You are a man of hitherto clear record.  On your behalf, Mr Kan entered mitigation.  He told me you are 21 years of age, living with your mother, educated to Form 5.  You had been working as an unqualified maintenance man, earning approximately $7,000 per month, $3,000 of which you gave to your mother by way of rent.  You accrued your debts paying for the birth of your son to your girlfriend in the Mainland and also for rental.  I am told because of the present proceedings your girlfriend in the Mainland has effectively cut all ties.

15.  A letter was read to court from the foreman of the company to which you were employed.  That letter confirmed the fact of your working there, the quality of your work, and the fact that the company was prepared to take you back upon release.

16.  Mr Kan quite rightly asked me to view this as a positive side of your character.  He also told me that during your incarceration it is your intention to get yourself properly qualified in order to be able to obtain a better job. He emphasised your youth, your clear record and your plea of guilty.  He said the charge was out of character.  This was evidenced by your clear record and that you had never had triad connections.  He told me that you had been advised to expect a starting point for imprisonment of 4 to 5 years, subject to discount.

17.  I turn now to the sentence.

18.  This was an attempted armed robbery in premises occupied, albeit as a work place, by the victim.  I accept that it was rather an inept attempt at robbery.  Nonetheless, the victim was injured and threatened.  This is therefore a serious offence.  Those injuries mostly were largely superficial. 

19.  In setting the sentence, I note your clear record and your youth.  I note also that you voluntarily surrendered the weapon when asked by the victim, and that whilst you threatened, you made no attempt to actually injure.  In short, this is not the most serious of attempted robberies but one must emphasise that any robbery is a serious matter.  I accept it was out of character. 

20.  Giving you as much credit as I can for the mitigating features of this case, I take a starting point of 4½ years.  You are entitled to and will receive a one-third discount for your plea of guilty. 

21.  You will therefore go to prison for 3 years.