HKSAR v. KAM WAI HO

DCCC928/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 928 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an offence of robbery, contrary to section 10 of the Theft Ordinance.

2.  You admitted that on 1 July 2011 you robbed a lady by the name of Lui On-ki together with another unknown male of her handbag which contained her wallet and various other items as particularised in the charge. 

3.  At the material time, it was about midnight when Madam Lui, who was a university student, was returning to her dormitory at Tat Hong Avenue, Shek Kip Mei.  She was carrying a handbag on her right shoulder.  She noticed that there were yourself and two other boys nearby to her but she did not pay much attention to you as she was on the telephone. 

4.  At about 1.10 am, while crossing the road at the junction of Tat Hong Avenue and Cornwall Street, you and the two other males appeared again.  Suddenly, her mouth was covered with a hand and she was pushed to the ground and her handbag was taken from her as well as her mobile phone.  She desperately shouted for help.   

5.  It was very fortunate that some drivers in their private cars were driving close by and witnessed what was happening.  You and your accomplices fled in different directions.  You were in the meantime fleeing away with the student’s handbag.  The drivers in their cars followed you, while the student Madam Lui followed you on foot.  Not being able to stop you whilst in their cars, the drivers very gallantly got out of their cars and gave chase.  They later found you hiding near the flowerbed inside Cornwall Park but did not notice where you had thrown PW1’s handbag away. 

6.  Soon after police arrived.  You were arrested for robbery, under caution you admitted that you robbed somebody with two friends because of lack of money and the bag was somewhere in the vicinity.  You then led the officer to recover the handbag in a nearby flowerbed.  All the items in the handbag were recovered.  However, the mobile phone remained missing and stolen.   

7.  The victim went to the hospital for treatment where she sustained abrasions on her elbows and wrists and tenderness to her left wrist.  She was discharged on the same day. 

8.  The value of the mobile phone was approximately $1,800. 

9.  You were later interviewed under caution and you admitted this offence. 

10.  Miss Chu, your counsel, has mitigated fully and thoroughly on your behalf today.  You are 17 years of age and are of clear record. 

11.  Prior to sentencing you, I called for a range of reports, which were Detention Centre, Rehabilitation Centre and Training Centre reports. 

12.  The reports set out your background clearly.  Very briefly, you came to Hong Kong when you were 8 years old from Shenzhen, China, and your mother came to Hong Kong shortly after and acquired Hong Kong citizenship.  However, before long, in 2008, your parents divorced.  You were left in the care of your mother.  You have since lost contact with your father.  As you were in receipt of social welfare assistance, your mother soon began to work to assist you and she in the family’s living, that is when you turned astray.  You lacked interest in studies and began to live a loose life pattern and started to affiliate with undesirable peers.  You were even led to join a triad society.  It is said by you that in view of your association with these peers, this has led you to the commission of this offence. 

13.  Miss Chu tells me that whilst you have been remanded in custody since July you have learnt a hard lesson and you are determined to change your attitude and start anew. She has urged me to follow the recommendation stated in the reports and send you to Detention Centre.  

14.  As I am sure that you have been advised by your counsel, robbery is indeed a very serious offence.  As an adult, after trial you will be looking at least at a sentence of 5 years and above for robbery.  Of course, the court will take into account aggravating factors, and in this case it will be that there were more than one of you, there were three of you, violence was used and the victim was injured.  Furthermore the victim was alone in the middle of the night.  

15.  You are, however, a youth and of clear record.  Youths should not be sentenced to terms of imprisonment unless the court is of the opinion that no other method of dealing with the youth is appropriate.  I do consider that there is another method of dealing with you other than imprisonment.  You are 17 years of age, of clear record, and are suitable for all three centres, that is Detention, Rehabilitation and Training Centre.      

16.  In considering what sentence to pass upon you, I must consider both rehabilitative and punitive sentences.  As I have stated already, the facts of this case are serious.  However, in view of your age, your plea of guilty, and the fact that you have been remanded in custody for 4 months already, I consider that a sentence to Detention Centre would be the most appropriate sentence. 

17.  In those circumstances, defendant, you will be sentenced to detention in a Detention Centre.