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DCCC 1137/2012
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1137 OF 2012
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HKSAR |
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Chan Chun-yu |
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| Before: |
Deputy District Judge Longley |
| Date: |
1 February 2013 at 10.10 am |
| Present: |
Ms Kwok Ka-ting, PP, of the Department of Justice, for HKSAR |
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Ms Wong Lai-lin, Phyllis, of K M Tang & Co, assigned by the Director of Legal Aid, for the defendant |
| Offence: |
Attempted robbery (企圖搶劫罪) |
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Reasons for Sentence
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1. Chan Chun-yu, you have been convicted on your own plea of the offence of attempted robbery.
2. The offence occurred on the morning of 9 November last year. You followed the elderly male victim as he went into a toilet in Sham Shui Po Park. You then approached him and demanded that he give you money otherwise you would assault him. He refused. You punched him on the nose. He resisted and put up a struggle and in the course of which you punched him on the forehead and on the chest before you ran away.
3. A few minutes later, after the victim had reported the matter to the police, you were stopped by a police officer and you admitted committing this attempted robbery because you said you had no money.
4. The victim was sent to the Caritas Medical Centre. He was found to have redness over his occipital area, swelling on the left side of his face, an abrasion on his shoulder and a laceration on his forehead. He was treated and discharged the same day.
5. You were released from your last sentence of imprisonment in February last year. You told the doctor at the Siu Lam Psychiatric Centre that since your release you had already gone back to taking drugs and that part of the reason you committed this offence was to obtain money for drugs.
6. You are now 35 and have an appalling record of offences including many offences of violence and theft. The courts have given you every opportunity to reform but you have never taken advantage of those opportunities. In the last few years the courts have been left with no alternative but to sentence you to terms of imprisonment. Once again this court has no choice but to do so. The court will not tolerate you continuing to commit offences of violence.
7. I am satisfied that the appropriate starting point in this case, bearing in mind your background, is 2 years’ imprisonment. You have pleaded guilty and are entitled to the usual discount of one-third.
8. I accordingly sentence you to 16 months’ imprisonment.
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P.K.M. Longley |
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Deputy District Judge |
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