HKSAR v. FENG WENYAO

 DCCC442/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 442 OF 2010

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Reasons for Sentence

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1.  Feng Wenyao, you have been convicted on your own plea of attempted robbery of a taxi driver, Mr Li Chi-sun.

2.  The offence occurred shortly before 4.30 pm on 6 March this year. Mr Li had picked you up in his taxi in Yuen Long. You then took up a position in the back seat right behind Mr Li. You requested him to take you to the village of Tsz Tong Tsuen. The taxi driver stopped the vehicle as near as he could to that village and he asked you to walk the rest of the way.

3.  At that moment, you pressed a hard object at his neck. You declared that it was a robbery and that he should take out all his money. Mr Li attempted to get out of the taxi but you grabbed his left hand. He saw that you were holding a fruit knife with a 7½ inch blade in your right hand. That is the knife that I have been shown this morning. Mr Li managed to grab hold of the fruit knife and he shouted for help. He succeeded in taking the knife from you.

4.  Fortunately, a number of villagers came forward and surrounded you and the taxi. The police were called. You admitted that you had attempted to rob Mr Li with the knife. You said you did so because you had no money and you had not intended to injure him.

5.  Fortunately, Mr Li did not suffer any cut wounds as a result of the struggle for the knife. He did, however, suffer minor bruising on his right hand and on his left arm. When he subsequently saw a doctor, he complained of tenderness to his chest and his right leg. Fortunately, and no thanks to you, Mr Li did not lose any money.

6.  You are a resident of the mainland. You had only entered Hong Kong four days earlier on a two-way permit entitling you to remain here for seven days. Robbery of a taxi driver is always a serious offence wherever that offence is committed. By reason of the fact that taxi drivers are alone in their vehicle and they usually have ready money with them, they are particularly vulnerable to this sort of offence. The courts are bound to pass sentences which make it clear that this sort of conduct will not be tolerated.

7.  I have taken into account what Miss Chan has said on your behalf, that you have not committed an offence in Hong Kong before and that you are a drug addict and that you appear to have had some hope that at some stage you might get some treatment in Hong Kong for your addiction.

8.  If this offence had taken place in the hours of darkness and other culprits had been involved, I would have adopted a starting point of 7 years' imprisonment. In view of the fact that this offence took place in daylight and you were on your own, I am adopting a starting point of 6 years' imprisonment. The only real mitigation in this case is your plea of guilty, and for that you are entitled to the usual discount of one-third. I sentence you to 4 years’ imprisonment.