HKSAR v. PHAM VAN THANG

DCCC1117/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1117 OF 2008

----------------------

----------------------

Reasons for Sentence

1.  The defendant pleaded guilty to two charges, one of robbery and one of unlawful remaining in Hong Kong.  The particulars of the first offence are that on 11 October of 2008, in Tin Shui Wai, he robbed Lok Ting-ting of a mobile phone.  The particulars of the second charge are that he entered Hong Kong unlawfully on 11 October. 

2.  The summary facts admitted by the defendant discloses that just before noon on 11 October, the victim in this case, an 11-year old girl and her classmate, were on their way for lunch in Tin Shui Wai.  As they approached the lift lobby of a fly-over in Tin Shui Wai, the defendant tapped the victim on her shoulder, produced what she described as being a 20-centimetre long folding knife, and pointed it at her face. 

3.  He snatched her mobile phone and fled.  The matter was reported to the police and he was arrested about five hours later, 400 yards away from where the incident occurred.  Under caution, he admitted the offence, although he said that at the time he was holding a small pole, rather than a folding knife.  I think the defendant is probably lying about that.  I do not think these two 11-year old girls would mistake a knife for a small pole.

4.  In the circumstances, however, it does not seem to me to make much difference whether it was a knife or a pole.  He said he committed the robbery as he wished to be imprisoned, as he wants to have treatment for his drug addiction and AIDS.  I accept that as probably being true; he committed this offence in broad daylight near a shopping centre and was arrested in the vicinity shortly afterwards. 

5.  In mitigation, I am told that the defendant has a clear record, both in Hong Kong and in Vietnam.  I am told he is married to a wife of similar age and has two children, a son and a daughter, and I am told that his wife is also suffering from AIDS.  In Vietnam, he lives with his parents who are in their mid-50s, and they live in a stone hut, and he previously has worked as a motorcycle driver, earning US$100 per month. 

6.  I am told that he has received news whilst he has been in custody in Hong Kong that his mother has now been taken ill and has been hospitalised.  Notwithstanding the reason that he committed this offence was that I should send him to prison, he now asks for leniency and wants to go home as soon as possible.  The leading authority on offences of robberies regards sentence is a case of Mo Kwong Sang in 1981. 

7.  The commission of an armed robbery attracts a sentence of 5 years’ imprisonment without any aggravating features.  In this particular case, there are aggravating features because the victim concerned was only 11 years of age.  It must have been a very terrifying experience for her.  However, I note that the second charge attracts a custodial sentence which the authorities say I must impose consecutively, so I have considered the totality of the sentence that I am going to impose. 

8.  I have decided, therefore, to adopt the usual starting point of 5 years for the first offence.  I give the defendant credit for his guilty plea and reduce that to 40 months to reflect his guilty plea.  As regards to the second charge, the usual sentence for that offence is one of 15 months’ imprisonment.  I can see no reason to depart from that sentence in this case. 

9.  I therefore impose a sentence of 15 months and order that it run consecutive to the first sentence.  I order that that run consecutive, therefore, the total sentence is one of 55 months' imprisonment.