HKSAR v. CHAN YIN KWAI

DCCC 1117/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1117 OF 2010

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Reasons for Sentence

1.  The Defendant has pleaded guilty to one count of robbery, contrary to Section 10 of the Theft Ordinance, Cap. 210.

2.  The particulars of the offence are that on 5 September 2010, at the rear lane of ground floor, No. 304 Un Chau Street, Shamshuipo, he robbed a Ms. Chu of one gold necklace with a pendant.

3.  Ms. Chu runs a restaurant situated at ground floor, No. 304, Un Chau Street, Sham Shui Po. At about 3.35 p.m. on 5 September 2010, she was returning to her restaurant and had reached the rear lane of No. 304, Un Chau Street when she was suddenly punched on her head three times from behind and she fell to the ground. Her gold necklace with pendant, valued at HK$11,000 approximately, was snatched from her neck. She turned and saw the Defendant was attempting to snatch her handbag and she put up a struggle – the Defendant punched her chest three times, and she fell to the ground again. The Defendant fled. Ms. Chu screamed for help. Her screams were heard by one of her employees working in the restaurant who immediately came into the rear lane and saw Ms. Chi chasing the Defendant and he also joined in the chase. Another pedestrian saw the Defendant running and heard Ms. Chu’s shout of ‘robbery’ and joined in the chase of the Defendant as well. The Defendant was finally caught and the gold necklace with pendant recovered. Under caution at the scene, the Defendant admitted the offence and said he had no money to pay the rent.

4.  The Defendant is now aged 30 years. He lives alone here in Hong Kong. According to his antecedent statement, he has attained Primary 5 education, and was unemployed at the time of his arrest. His criminal record dates back to 1995. He has had 7 court appearances, his most recent being in 2007 for the offences of theft and robbery. His criminal record is an appalling one. He was discharged from prison on 9 September 2009. His parents divorced when he was young, and he lived with his father. His father subsequently remarried, and moved away with his stepmother in 2005. He has 2 siblings, but they too live apart.

5.  I am told that whilst in prison he has met a pastor, Mr. Wong, from the Hong Kong Christian Kun Sun Association, who is in court today to show his support of the Defendant. With guidance from Mr. Wong, he now believes in God and wants to be a Christian upon his release from prison. He plans to get a driving licence so he can get a steady job. He knows he has committed a serious offence and will face a custodial sentence, and is very remorseful and seeks lenience. He has also written a letter to the Court expressing his remorse for the commission of the offence.

6.  Robberies are serious offences. No weapon was used in this case, but the victim was aged 46 years and a female. Clearly she was much older than the Defendant and weaker than him and vulnerable to his assault. He inflicted a number of punches on her, and its only by the greatest good fortune that she was not more seriously injured. It must have been an extremely distressing experience for her.

7.  There is really little mitigation before me, save for his plea.

8.  Having taken into account all the circumstances, I propose to adopt a starting point of 3 ½ years’ imprisonment, that is 42 months, in respect of this offence, and reduce that by one-third to reflect the guilty plea.

9.  The Defendant will therefore go to prison for 28 months.