HKSAR v. HO SAT YIP

DCCC109/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 109 OF 2009

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Reasons for Sentence

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1.  You pleaded guilty to a charge of robbery and the other charge of attempting to take conveyance without authority is now be left on file, it will not be proceeded with unless with leave of the Court.

2.  The prosecution case was that while the defendant was told to pay for a packet of cigarettes and two bottles of red wine at the cashier counter of 7-Eleven shop, the defendant took one of the bottles and struck on the head and the arms of PW1 once. The defendant left with two bottles of red wine without payment. PW1 suffered swelling on his left temporal scalp region and bruising on his right elbow. PW1 was discharged on the same day. He did not suffer any permanent injury.

3.   The defendant was arrested nearby, and under caution, he admitted that he had attacked PW1 and has taken away two bottles of red wine from the shop. He also apologised to the staff of the shop.

4.  In mitigation, I am told that defendant has a clear record. He is now 20 years of age, complete his Form 7 education with poor results, he cannot further his education. However,he has intention to continue his education in China. He starts to work in the Bar Pacific, but he needs to drink with his customers. On the day in question, when he committed the present offence, he was under the influence of alcohol. And there were various letters from his school friends and relatives to support him. His present employer is very pleased with his performance and is willing to take him back, and the post is still available for him.

5.   Having heard the mitigation from the defence, I called for TC , DC and YOAP reports, but the YOAP report is not available because the other reports such as PO and CSO reports need to be called first to be placed before the panel to consider their options. And, therefore, I call for further reports, including the rehabilitation centre reports and the CSO report. Last week, the YOAP panel consists of six officers interviewing you, and the report is before me now.

6.  Now, before I go into that, I would like to say the defendant’s mother also shows very serious concerns about the defendant’s future, and she demonstrates her genuine support for the defendant. She is also in court today.

7.  I have read all these reports, and they tell me the same thing:- that the defendant takes a very positive attitude in this matter , he shows genuine and sincere remorse and he impressed all the officers who interviewed him that he wishes to turn over a new leaf.

8.  As I have said, in last week, the YOAP panel interviewed the defendant and recommend a CSO order. When I pass sentence on the defendant, I am fully aware of the guideline of Mo Kwong Sang.

9.  I take into account of the fact that the defendant has a clear record, he pleaded guilty to the charge, which is an indication of genuine remorse, and the fact that he did not show any plan of premeditation. The victim did not suffer any serious permanent injury. The commission of the present offence was because the defendant got very drunk at the material time because of his work. And he did not have any experience of drinking and he vowed not to drink again in the future. This is clearly a case out of his character.

10.  He had been remanded for two periods of time, first from 22 December 2008 to 9 February 2009; second period was from 5 June to today, 13 July. I am sure that the two periods of detention have served a purpose of warning to the defendant he should be responsible for his unlawful acts.

11.  Taking all the factors into account, to this end, I adopt the recommendation by the YOAP that the defendant should be put on CSO for 240 hours.

12.  And, therefore, I need to tell the defendant that the number of hours available for each week is eight hours; and when a probation officer orders you to do the work, you cannot be late or depart from the place early; you cannot be absent from work; and if you do, you fail to fulfil this 240 hours within a period of one year, you will be re‑sentenced again. There is a time for you to see the probation officer on 15 July, 9 am, and you should not be late for this interview. The address is in Shatin: Room 813, Shatin Government Offices Building, Sheung Wo Che Road, Shatin.