HKSAR v. TANG CHI MING

DCCC462/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 462 OF 2011

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to a single offence of attempted robbery, contrary to section 10 of the Theft Ordinance, Cap.210, and section 159G of the Crimes Ordinance, Cap.200.

2.  You admitted the brief facts and I convicted you.  The facts were as follows. 

3.  On 23 March last, at about 0020 hours, a female aged 27 years of age (PW1) was walking home along Kam Sheung Road.  At the junction with Kam Tin Road, Pat Heung, you approached her from behind and you used your arm to choke-hold her neck.  She turned and saw you.  You then pushed her to the ground.  You used one hand to hold her neck and the other try to snatch her handbag.

4.  She screamed for help and PW2, who was waiting for a bus, went to her assistance.  PW2 saw you using one hand to hold her neck and the other to try to snatch her handbag.  Upon seeing PW2, you fled without taking anything.  PW2 intercepted you and subdued you.  The police were called and you were arrested.

5.  Under caution you admitted to having no money, so tried to rob PW1’s handbag.  Under video recorded interview under caution you repeated your admission. 

6.  Neither PW1 nor PW2 was injured.  PW1’s handbag contained one wallet, cash of $2,168, one iPhone, one Hong Kong Identity Card, one Home Visit Permit and two bank cards.

7.  You admitted to 22 previous convictions on 19 occasions, two of which were robbery and two of theft.  The majority of your convictions are drug-related.

8.  Miss Lin very helpfully submitted written mitigation on your behalf.  She read that to the court.  She told me that you are 39 years of age and live alone.  You are married, your wife lives in the Mainland, but you are in fact separated.  There are no children.  Your father died when you were only 8 years old and your mother remarried.  She is now over 70 and in a poor health.  You have five siblings, you were educated only to Form 2 and you have found stable employment difficult to come by.

9.  At the time of the commission of this offence, you were unemployed and were in receipt of public assistance.  You had hoped to gain quick money by committing a robbery. 

10.  Miss Lin acknowledges your 22 previous convictions; you began your life of crime when you were but 13 years of age. However, quite correctly, she points out that most are drug-related.  You been remanded since the commission of the offence and I am told that you regret what you did.

11.  Miss Lin submits there are no aggravating features; you committed this offence alone; there were no injuries to the victim nor to the witness; nothing was in facts stolen; you have pleaded guilty at the earliest possible opportunity and you were cooperative with the police.  Miss Lin referred me to two authorities and drew the conclusion that the proper starting point would be 4 years’ imprisonment.

12.  I turn to the sentence itself.  

13.  Whilst this is not the most serious offence of its type, it remains one for which only a substantial prison sentence is appropriate. Whilst I accept the major points of mitigation, that is there was no weapon involved, there was fortunately no injury, nothing was actually stolen and you acted alone, nonetheless, we have a situation where a lone female in the early hours of the morning is attacked by you.  That must been a very frightening experience for the lady.  From the facts it is clear that had PW2 not come to her assistance, then a complete robbery would have taken place.   

14.  Referring to the matter of PW2, I direct the police to bring to PW2’s attention that I commend him for his extraordinary bravery and his public-spirited acts.  He showed himself to be a worthy and good citizen who did his duty without thinking of his own safety.  On behalf of the society of Hong Kong and the judiciary, I offer thanksto PW2 for what he did, and I trust this will be marked in the appropriate way by the police.

15.  Returning to your situation, defendant, you have an appalling criminal record though I do note it is largely related to drugs. However, you have four previous convictions for acts of dishonesty, two of which were for robbery. 

16.  Taking all the circumstance into account, I agree with the starting point suggested by Miss Lin.  In my opinion, it is realistic and it is correct.

17.  I therefore take as a starting point 4 years’ imprisonment reduced to 32 months for your plea of guilty.