HKSAR v. MOHAMMAD AMJAD AND ANOTHER

DCCC 602/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.602 OF 2011

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Reasons for Sentence

1.  D2 pleaded guilty to, and D1 was convicted after trial of, one joint charge of robbery.

Summary of facts

2.  At around 03:10am on 23rd April 2011, PW1, a taxi driver picked up 4 South Asian males outside Fung Ting Court in Yuen Long. Under the direction of the front seat passenger, PW1 drove his taxi KA5545 to Shui Tau Tsuen, Kam Hing Road, Pat Heung, Yuen Long.

3.  At around 03:20am, when the taxi was at no.257 Shui Tau Tsuen, PW1 was attacked by the passengers in the back seat while the front passenger snatched away the mobile phone and a black carrying bag containing PW1’s property from PW1.

4.  The 4 robbers then fled with the stolen property. PW1 immediately made a report to the Police via the taxi console.

5.  Police officers of Pat Heung Police station arrived at the scene and later conducted a search in the vicinity at around 4:35am, approximately 1 hour and 15 minutes after the robbery.

6.  At around 4:50am, Police officers found D1 and D2 hiding in a bush nearby. The stolen mobile phone was found from D1’s left front trousers pocket while the black carrying bag was recovered from near the bush where the 2 defendants were found.

Previous convictions

7.  Both defendants are of previously clear record.

Mitigation

D1

8.  D1 was Born in Pakistan on 7.11.1981. He received education up to middle school. His mother and father are almost 80 years of age. D1 came to Hong Kong in 2007 and is unemployed, being a torture claimant and refugee. D1 was residing with another lady refugee at an address in Yuen Long near where the event in the present case took place.

9.  In relation to the offence, the court should sentence on the basis of the evidence. D1 was not the person who used the violence. The taxi driver only received minor injury, was treated and discharged quickly. Property taken was not significant, the phone was recovered and some of the money was recovered. The total loss was $1,200.

D2

10.  D2 was born on 25.1.1994, he is 17. He came to Hong Kong in 2010 and lives with his father, older brother and sister in Kam Tin, Yuen Long. D2 was educated up to Form 2, and with no educational qualification he was  unfortunately unemployed. Taxi robberies are serious and it was late at night and involved a number of people. The property was however recovered and injuries sustained by the victim was minor. Counsel for D2 submitted that the authorities are at sixes and sevens, and so the sentence has to be on its own facts.

Sentencing cases

11.  In the case of HKSAR v Dhillon Kenneth Simon, CACC 90/2002, the Court of Appeal held that a starting point of 5 years’ imprisonment is appropriate in a case of taxi robbery where although no knife was used, the driver was seized by his neck from behind and money was stolen. A slight difference in that case was that there the robber operated alone.

Sentence

12.  No weapons were used in this robbery. It was however committed by 4 people on a taxi driver in the middle of the night. Taxi drivers must be protected and the sentence must reflect the gravity of the robbers’ action.

13.  In relation to D2, although D2 is 17 years old, given the circumstances of the case and the seriousness of the offence as well as the actual age of D2, I find that his relative youth cannot be accepted as a mitigating factor in the present case.

14.  Bearing in mind the circumstances of the case and the sentencing case mentioned above, I find that an appropriate starting point for both defendants is that of 5 years and 6 months imprisonment. The extra 6 months is in reflection of the fact that the robbery was committed by 4 people together.

15.  I will grant  D2 the full discount for his guilty plea and sentence him to 44 months’ imprisonment.

16.  In relation to D1, since he is convicted after trial, there is no discount and he is sentenced to 5 years and 6 months’ imprisonment.