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HCCC23/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 23 OF 2009
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Before: Deputy High Court Judge Lugar-Mawson in court
Date: 19 March 2009 at 10.20 am
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Present:
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Ms Laura Ng, SPP of the Department of Justice, for HKSAR
Mr Sadhwani Kamlesh, instructed by the Director of Legal Aid, for the Accused
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Offence: Robbery (搶劫)
Transcript of the Audio Recording
of the Sentence in the above case
COURT: Li Ka-chun, stand up.
Li Ka-chun, in Hong Kong robbery is regarded as a very serious criminal offence.
Over a period - I calculate it at a period of 22 days - you terrorised and robbed seven women. Each one of those seven women was a vulnerable member of society. Each, for reasons known to themselves, followed the wretched trade of a prostitute, working alone in squalid rooms. You robbed them in their place of work, which must also be the place where they live. On each occasion that you robbed, you threatened your victim either with a knife or with a paper cutter.
The best that can be said in respect of any one of your seven offences is that none of these women were physically harmed, although by the display of a knife or a paper cutter they must have been in fear that they would be harmed.
For, robberies of that nature - of the nature that you committed - a sentence after trial and after the defendant had been found guilty by a jury, of at least 7 years' imprisonment for each individual offence would be more than justified.
Although I am told that you are physically and mentally fit both for training centre and detention centre treatment, your offences are just too serious to be dealt with otherwise than by sentences of immediate imprisonment. From what, what he told to me this morning on your behalf, your counsel Mr Sadhwani realistically realises that and he will have advised you accordingly.
I am taking into account the fact that you have a supportive family; that is clear from what is in the reports I have before me and also from the letters from your family members put before me this morning. You are very fortunate to have such supportive and forgiving parents.
I also note that you are hitherto of clear record, you have never committed a criminal offence before. I also note that you are a young man of 18. Though, I have to tell you, you are not so young - not of extreme youth - as would entitle me to give a really significant discount in your sentences just because of your age.
Your most powerful mitigation is your early plea of guilty and your cooperation with the police, and you are entitled to receive a substantial discount in your sentences because of that.
I have already told you that had each offence stood alone, had each offence gone to trial, and had you been convicted of each offence, I would have had in mind for each offence a starting point sentence of 7 years' imprisonment. I am reducing that starting point by 1 year to take account of your clear record, and also your age of 18. I am further reducing that period, a period of 6 years, by a further 2 years to reflect your pleas of guilty and your cooperation with the police. That means for each one of these robberies your sentence is going to be one of 4 years' imprisonment.
But I cannot overlook the fact that you committed seven robberies, seven separate robberies, and your overall sentence must reflect that. Therefore, doing the best that I can, your sentences are as follows.
For Count 1, Count 2 and Count 3 your sentence is one of 4 years' imprisonment, and you will serve your sentences for those three offences concurrently at the same time.
For Count 4 and Count 5 your sentence on each count is one of 4 years' imprisonment, and you will serve those two sentences concurrently with each other. However, you will serve those sentences partly consecutively to your sentences on the 1st, 2nd and 3rd counts. I am ordering that you start to serve your sentences on the 4th and 5th counts after the first year of your sentences on the 1st, 2nd and 3rd counts has been served. The sentences are to be partly consecutive to your sentences on the first three counts.
Your sentences on the 6th and 7th counts are 4 years' imprisonment on each count, to be served concurrently with each other. You will only start to serve those sentences after the first two years of your sentences on the 1st, 2nd and 3rd counts has been served. I am ordering that your sentences on the 6th and 7th counts to be served 2 years consecutively to your sentences on the first three counts.
This means that your total period of imprisonment for all seven offences is one of 6 years' imprisonment.
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