You have admitted that in the early hours of 13 November 2013 you attempted to rob the sales lady, Madam Ng Kon-chee, working at the 7-Eleven Convenience Store, Ground Floor of Chevalier Garden in Ma On Shan.
At about 4.50 am while Madam Ng, the sales lady, was working alone at the 7-Eleven, you came in and purchased a can of beer. You opened the can and drank from it. Moments later, you lifted your shirt and the sales lady saw a household chopper at your waist area. She was very frightened. You then pulled out the chopper and pointed it at her and said “Robbery”.
She then ran from behind the counter and tried to leave the shop. She was, however, intercepted by you at the entrance and pushed to the ground. Afraid of being hurt, she raised her hands to block the chopper. As a result her left forearm was cut by the chopper. You then ran away from the shop with the chopper.
On the same day the sales lady was examined at the hospital. She was found to have superficial lacerations on her left arm. One was 10 centimetres and the other was 3 centimetres in length. No suturing was necessary.
Approximately two weeks later a patrolling police officer in Ma On Shan recognised you as a suspect in the above robbery and arrested you. In a video recorded interview you said that you had drunk a lot of alcohol that day, you took the chopper from your home and pointed it at the female. You had no recollection of what happened after you got to the shop. On 10 December the sales lady positively identified you as the person in the shop with the chopper.
Mr Martyn Richmond, your counsel, in his usual thoroughness, has mitigated on your behalf today. I have taken into account all that he has to say for you in mitigation.
You are 31 years of age, have 10 previous convictions of which three are similar to the present offence. The three offences of robbery were committed when you were 16 and 17 years of age in 1998 and 1999 where you were sentenced respectively to probation and detention centre. Your last offence was committed in 2007 for aiding and abetting publishing an obscene article for which you were sentenced to 8 months’ imprisonment. That is now some seven years ago since your last offence.
Mr Richmond has brought to my attention the fact that since your release from prison after 2007 you have led a decent life, particularly as you had met your long-time girlfriend. You had turned over a new leaf from your troubled adolescence. With the support and guidance of your girlfriend, you went to live in the mainland together with her and began to work with her father. However, on 25 October 2013, you had a heated argument with your girlfriend of which you both broke up the relationship and thus you returned to your family in Hong Kong.
It was, unfortunately, the result of this break up that caused you to commit this offence. You had taken it badly and you became depressed and upset because you thought you had squandered your relationship and your job and future prospects and thus began drinking alcohol excessively to alleviate your problems.
On 13 November you were drinking heavily and were very inebriated. You had formed a paranoia that people might want to harm you and thus had taken to carrying a chopper under your clothing when you went out. Mr Richmond submits that fuelled by your alcohol, you impulsively took out the chopper and declared “Robbery” to the sales lady. When she tried to escape he said you impulsively tried to stop her and that is when your knife came in contact with her arm. It is submitted by Mr Richmond that this injury to her was akin to being accidental as she had raised her arm to fend you off and that is when the chopper injured her. Mr Richmond, however, concedes that injury was caused as a result of a weapon you used in an attempted robbery.
It is recognised that intoxication is no defence to the charge, but Mr Richmond has brought this to the attention of the court, so the court knows why you have had this bizarre conduct that night. Mr Richmond has properly referred me to the established case of Mo Kwong Sang v R [1981] HKLR 610 for the guidelines for robbery with a weapon.
Defendant, in following these guidelines established, you had carried a knife which was displayed to the victim and a starting point of 5 years after trial would have been appropriate had you been convicted after trial.
The court should also looks at whether there are any other aggravating factors in the commission of the offence. In this case, defendant, there are two further aggravating factors which calls for the enhancement of sentence and that is the invasion of business premises, that is, in this case, the invasion of the 7-Eleven in the early hours of the morning at 4.50, and also injury or physical violence caused to the victim.
Taking these factors into account, I consider a starting sentencing point, had you been convicted after trial, of 7 years to be appropriate.
As Mr Richmond properly points out your greatest and strongest mitigating factor is your very early plea of guilty and your expression of deep remorse.
In those circumstances credit should be given to you and the full one-third discount should be accorded to you. You shall be sentenced to 4 years and 8 months’ imprisonment.