COURT: The defendant pleaded guilty to two counts of robbery in May in the Magistrates’ Court.
At about 5 am on 4 December 2014, the defendant entered the 7-Eleven shop at Chuen Lung Street, Tsuen Wan. He was wearing a mask and a pair of gloves. He pointed a sharp object at the staff and told the staff to open the cashier register. He took away cash, $9,550 and fled.
At about 6.30 am on 9 January 2015, the defendant went into the 7-Eleven shop at Fuk Wing Street, Sham Shui Po. He brandished a knife and told the staff to open the cashier register. He took away cash, $1,730 and fled.
Later that day, the defendant was intercepted by the police at Cheung On Estate. The police recognised him as the robber shown in the CCTV footage. He admitted under caution that he committed the robberies. One thousand six hundred was recovered.
During the two subsequent video interviews, the defendant further admitted that he robbed the shops as he was in debt of $90,000 incurred in gambling. He further admitted pointing a knife at the staff during the robberies.
The defendant is 27, he has a clear record. He studied up to Form 5. He was a property agent in the past, but was unemployed at the time of the offences. He is single and is very remorseful now.
The defendant’s mother writes to this court pleading for leniency. She needed to work for long hours and had little time for the defendant all along. The defendant had dubious friends and was addicted to gambling. The defendant used a knife during the robbery of a shop during the early hours of the day.
The appropriate starting point is 6 years’ imprisonment according to Mo Kwong Sang v R.
For the 1st count, I adopt a starting point of 6 years’ imprisonment. I deduct 2 years for the plea. I sentence him to 4 years’ imprisonment. For the 2nd count, I adopt a starting point of 6 years’ imprisonment, I deduct 2 years for the plea. I sentence him to 4 years’ imprisonment. I order that one year of the sentence of the 2nd count be consecutive to that of the 1st count.
The defendant has to serve a total of 5 years’ imprisonment.