|
DCCC157/2009
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 157 OF 2009
----------------------
| |
HKSAR |
|
| |
v. |
|
| |
Liu Dong-wei also known as Chan Fei, Cheung Lee-wai, Cheung Lee-kwan, Chiang Oi-kwok and Lau Tung-wai |
|
----------------------
Before: Deputy District Judge M. Chow
Date: 23 March 2009 at 3.42 pm
|
Present:
|
Ms Samantha Chu, PP, of the Department of Justice, for HKSAR
Mr Fung Sik-yue of Messrs S Y Fung, Solicitors, assigned by the Legal Aid Department, for the Defendant
|
Offence: Robbery, etc. (搶劫等罪項)
Reasons for Sentence
1. The defendant pleaded guilty to two charges before me, one is robbery, one is illegal remaining in Hong Kong.
2. The prosecution case was that at about 11.30 pm on 11 January 2009, the defendant approached PW1 and declared robbery. He used a file to point at PW1’s belly. The defendant took away $460 from PW1’s wallet and fled. PW1 made a report at 11.37 pm. PW2, a police, intercepted the defendant and found a file in the defendant’s rucksack and a sum of $460 from his pocket. The defendant failed to produce any identity proof. Under caution, he admitted for taking PW1’s money for travelling expenses.
3. In a video-recording at 11.44 am on 12 January 2009, defendant admitted that he robbed PW1 by using a file to point at PW1, took away his money and he sneaked to Hong Kong on 11 January 2009.
4. PW1 identified the defendant as the man who had robbed him in an ID parade held on 13 January 2001.
5. I have an opportunity to examine the file in question which was used by the defendant during the course of robbery. It is a weapon with sharp blade on three sides, also with a pointed end. The blade itself measured at 6½ inches. By adopting the Mo Kwong Sang authority which provides guidelines in armed robbery, the appropriate sentence, in the course of armed robbery when the accused carried a knife, in this case a file, which he displayed to his victim, in the present case, pointed at PW1’s belly, should attract a sentence of 5 years.
6. However, the defendant had a bad record. He had 7 previous convictions of illegal remaining in Hong Kong and 3 previous convictions of robbery. According to the antecedents statement, the defendant was released from prison in October 2008 and repatriated back to China.
7. In his admission to police, he sneaked back to Hong Kong in January 2009 to commit stealing. I therefore adopt a higher starting point of 5½ years to reflect the criminality and to serve as a punishment and deterrent sentence to the defendant and protection to the general public. For the robbery charge, I reduce the sentence to 44 months to reflect your guilty plea.
8. As to the 2nd charge, in So Man King, the court laid down the guideline of 15 months after plea for illegal remaining in Hong Kong. However, the defendant had already had 7 previous convictions of illegal remaining. His last two sentence of illegal remaining in Hong Kong was 24 months. The maximum sentence according to section 38(1)(b) of the Immigration Ordinance is 3 years. That means in the past the court has taken a starting point of 3 years and reduced the sentence to 24 months. Undoubtedly, you are a repeated offender. A higher sentence should be adopted for the 2nd charge. But I can only adopt a starting point of 3 years, that is 36 months. I reduce it to 24 months to give credit to your guilty plea.
9. These two sentences should be served consecutively.
| |
M. Chow |
| |
Deputy District Judge |
|