HKSAR v. CHAN PING KWAN

DCCC 270/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 270 OF 2013

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Reasons for Sentence

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1.  The Defendant pleads guilty before me to attempted robbery, going equipped for stealing and resisting a police officer in the due execution of his duty.

2.  At about 7 pm on 20 November 2012, the victim, a 22 year old woman, was followed to a park at Tin Shui Wai by the Defendant who was wearing a surgical mask and with the hood of his jacket covering his head.  The Defendant tapped on her shoulder from behind and pointed a knife at her abdomen.  The victim was scared and pushed away the Defendant’s hand and her forearm was hurt by the knife.  The Defendant lost balance and the victim escaped and reported the incident to the police.  

3.  As a result of the incident, the victim suffered from a 5 cm cut wound at her left arm, a 1 cm cut wound at her right elbow and a 1 cm cut wound at the left side of her neck.

4.  At about 5:40 am on 24 November 2012, police officers stopped the Defendant on the street at Tin Shui Wai as the Defendant was acting suspiciously.  The Defendant was wearing a jacket with a hood and carrying with him a bag.  Upon searching it was found in his bag a knife of 39 cm long with the blade wrapped in tissue paper, a 13 cm long cutter, a surgical mask and a labour glove.  One of the police officers declared arrest to the Defendant but he suddenly put up both hands and dashed towards him and both of them fell onto the ground.  The Defendant kept struggling and elbowed the police officer.  The Defendant was eventually subdued.  As a result, the police officer was found to have sustained tenderness and haematoma over his chest and right knee.   

5.  Under caution, the Defendant admitted that he intended to rob the victim on 20 November 2012 but failed.  He said he only wanted to rob her and did not intend to harm her. 

6.  The Defendant is now 21 years old and has no criminal record.  He is single and living together with his mother and elder brother.  His father has passed away.

7.  In mitigation, Mr. Pang, solicitor for the Defendant, submitted that the Defendant was under financial difficulties because of gambling debts.  And that caused him to commit the present offences. 

8.  This is an armed robbery case.  As submitted by Mr. Pang, the guideline in HKSAR v. Mo Kwong Sang [1981] HKCA 62 is applicable.  The Defendant is 21 years old and has a clear record.  But his situation is similar to the Defendant in Mo Kwong Sang and I do not see any reason to adopt a starting point lower than that case.  Financial difficulties cannot be a mitigating factor. 

9.  I adopt a starting point of 5 years’ imprisonment for charge (1) but considering the fact that the Defendant has frankly admitted the offence without being identified, I will give him a reduction of 3 months.  Taking into account his guilty plea, the sentence is reduced to 38 months’ imprisonment.

10.  For charge (2), given that the relevant equipment included a knife which was intended for use in a robbery.  I adopt a starting point of 6 months’ imprisonment for the charge.  The sentence is reduced to 4 months in view of his guilty plea.

11.  For charge (3), a starting point of 3 months imprisonment is adopted and reduced to 2 months for his guilty plea.

12.  Taking into account the totality principles, I order that sentences for charges (1) and (2) be served concurrently and charge (3) be served consecutively, making a total sentence of 40 months’ imprisonment.