HKSAR v. HO YUK WAI

DCCC1196/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1196 OF 2011

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Reasons for Sentence

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1.  The defendant was originally charged with one count of robbery. He pleaded not guilty to the charge. The victim PW1 Wong gave evidence in chief and before PW1 was being cross-examined, the prosecution sought further instruction from DoJ. Eventually, the charge was amended to one of theft. No objection was raised by the defence and I granted leave for such an amendment.

2.  The defendant pleaded guilty to the amended charge of theft. 

The brief facts

3.  PW1 came to know the defendant and another person nicknamed Kit Chai as fellow attendees of the Ngau Tau Kok Jockey Club Clinic.  At about 7 pm on 14 September 2011, while PW1 was waiting for his dose of methadone inside the said clinic, Kit Chai approached PW1 and asked the latter to follow him to the area outside the clinic. 

4.  Outside the clinic, Kit Chai assaulted PW1 and during the course of which PW1’s wallet left his possession and ended up on a nearby chair.  At that time, the defendant took a $500 banknote from PW1’s wallet.  Kit Chai, the defendant and PW1 then parted company.  PW1 reported the loss of his $500 to the police.

5.  On 22 September 2011, the defendant was arrested.  Under caution, the defendant claimed that he took $500 from PW1’s wallet as PW1 owed him money.  PW1 positively identified the defendant in an identification parade held on 24 September 2011.

Mitigation

6.  The defendant is 40 years old and single.  He has been detained in Lai Chi Kok Reception centre since 26 September 2011.  The defendant lived on CSSA of $2,500 per month and is a drug dependent.  He was not involved in the assault committed by Kit Chai.  He now pleaded guilty to the theft charge at his first opportunity.  The court is urged to pass a lenient sentence on the defendant.

Sentence

7.  The defendant was born in Hong Kong and is aged 40.  He was educated up to P6 level.  The defendant has 19 convictions and the lion’s share of his previous convictions related to dangerous drugs.  His last drugs conviction occurred in October 2009 for which he was put on probation for 18 months.

8.  Given the special circumstances of this case, I incline to pass a lenient sentence on the defendant, so that his release from detention could be effected as soon as possible, and preferably before the start of the Lunar New Year. 

9.  In the circumstances, I would adopt a starting point of 3 months and because of his guilty plea for which he is entitled to have one-third discount in sentence.  The sentence is reduced to 2 months’ imprisonment. 

10.  I do hope the defendant can make good use of this opportunity to get rid of his drug addiction which can be regarded as a death trap.