CRIMINAL CASE NO. 162 OF 2012
COURT: The defendant pleaded guilty to four counts of robbery, one count of theft and one count of assault with intent to resist or prevent lawful apprehension. The victims of the robberies and theft charges were all females. Amongst the stolen properties were personal cards, keys, cash and mobile phone.
Apart from the 1st count of snatching, knives were displayed in the course of all the other robberies. During the commission of the 4th count, a man in his late 20s rendered assistance by giving chase. When he managed to pin the defendant down onto the ground, the defendant threw a blow at that person and held a knife to scare him off to make good his escape.
These charges happened within a span of four days. A lot of the stolen properties were recovered either on his person or in the place where he stayed.
The defendant is now aged 26, of a clear record in Hong Kong. I am told that he started to work in an electronic factory in Shenzhen. He later got married and has a son. He set up his own business. However, he mixed with undesirable peers and was addicted to drugs, as a result of which, his life turned sour and was ruined.
It is submitted that he came to Hong Kong in 2011 in an attempt to rehabilitate himself. However, failing to get employment, he turned to commit the offences for money to feed his old addiction.
By way of mitigation, I am told that the defendant is very remorseful. He hopes that after serving his term of imprisonment, he would be able to contribute back to society by his own computer skills. Counsel stresses that the defendant was frank and co-operative with the police on his arrest and he pleaded guilty at the earliest opportunity. And almost all the stolen property, apart from the cash, was recovered.
According to the case of Mo Kwong Sang, an armed robbery with knives normally attracts a basic starting point of 5 years, and lift robberies attract a starting point of 6 years. In the present case, Charges 4 and 6 were committed inside a lift. In relation to the charge of the assault, resisting arrest, I consider that 1½ years’ starting point is appropriate. For the 1st charge of theft, without a weapon, I consider 4 years as a starting point.
I take into account the multiplicity of offences which is an aggravating factor in this case. I consider an overall starting point in relation to all the offences of 10 years’ imprisonment appropriate. He is given one-third discount for his guilty plea and sentenced to as follows: Charge 1, 32 months; Charge 2 and Charge 3, 40 months each; Charge 4, 48 months; Charge 5, 1 year’s imprisonment; Charge 6, 48 months’ imprisonment.
I order 10 months out of each of Charge 2 and Charge 3 and 12 months out of each of Charges 4 and 6, plus 4 months out of the 1-year imprisonment in Charge 5 to run consecutively, so a total of 80 months’ imprisonment.