HKSAR v. CHAN HIN TONG AND OTHERS

DCCC 1110/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1110 OF 2013

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Reasons for Sentence

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Charges and facts

1.  D1 and D4 plead guilty to theft (1^st Charge).  D1 – D4 plead guilty to robbery (2^nd Charge). 

2.  Upon being arrested for robbery which took place on 3 October 2013 (2^nd Charge), D1 and D4 admitted having committed a theft 2 days ago (1^st Charge). 

3.  At 11:30 pm on 3 October 2013, D1 – D4 assaulted PW1 on Tai Nan Street, Mongkok and robbed from him a smartphone.  PW1 chased after D1 and got a passer-by to call the police.  D1 was arrested.  PW1 suffered redness on his face and abrasion on the knees.  He felt pain in his face and back.  D2 – D4 were arrested on the following day.  D2 admitted under caution that he was the mastermind of the robbery.  The other defendants admitted the offence under caution.  The phone was recovered from D3 after his arrest.  These facts constituted the robbery (2^nd Charge).

4.  In the afternoon on 1 October 2013, on the street in Sham Shui Po, PW2 had her iPhone snatched by D1 and D4.  She was not injured.  She made a report to the police.  The iPhone had an estimated value of $6,130.  D1 and D4 admitted under caution that they had snatched the iPhone from PW2; PW2 was identified as their target by a person called TSUI Pak-ting; the phone was sold for $1,000; D4 received $300 from the proceeds.  These facts constituted the theft (1^st Charge).

Personal background and mitigation

5.  D1 is 18 years of age.  He has a clear record.  In his repeated year of F.4, he managed to rank the first in class. His conduct was graded B+.  However, upon promotion to F. 5, his association with undesirable peers led to the commission of the present offences.  He is mentally and physically fit for detention in a Rehabilitation Centre and Training Centre.  He is considered more suitable for the Rehabilitation Centre. The probation officer recommends probation for 24 months with special conditions including residential training from the Youth Outreach-Transitional Housing for Boys for 12 months. 

6.  D2 is 17 years of age.  He has a clear record.  Not having completed F. 1, he switched between various unskilled jobs.  He was unemployed at the time of the offence.   He started to take ketamine in 2012 and cocaine in early 2013 from time to time.  He claimed to have stopped altogether after September 2013.  He is mentally and physically fit for detention in a Rehabilitation Centre and Training Centre.  He is considered more suitable for the Rehabilitation Centre.  The probation officer does not recommend probation or community service. 

7.  D3 is 16 years of age.  He has a clear record.  He had returned to study F. 2 after a short spell as a waiter.  He is mentally and physically fit for detention in a Detention Centre, Rehabilitation Centre and Training Centre.  He is considered more suitable for the Detention Centre.  The probation officer recommends probation for 18 months with special conditions including home curfew. 

8.  D4 is 16 years of age.  She has a clear record.  Upon completion of F. 3, she quitted school.  She worked as a hairdressing apprentice for 6 months.  She was unemployed at the time of the offence.   She is mentally and physically fit for detention in a Rehabilitation Centre and Training Centre.  She is considered more suitable for the Rehabilitation Centre.  The probation officer does not recommend probation or community service. 

9.  D1 and D4 had each paid $1,500 into court as compensation to PW2 for the lost phone.  

Sentencing these defendants

10.  Upon reading their reports, I am satisfied that these are young people capable of doing good but presently wobbling on the verge of self-destruction.  I can do practically little to arrest their fall except by way of warning of a severe punishment should they fail to arrest their own fall.  Eventually their self-determination to reform has to come into place upon the completion of monitoring by the authorities.  There is no case for further opportunities.  Next stop will be a grim life behind bars. 

11.  To fit into each defendant’s personal circumstances, I make the following order:

(1) D1 be put on probation for 24 months with the special conditions as stated by the probation officer;

(2) D2 and D4 be detained in the Rehabilitation Centre;

(3) D3 be put on probation for 18 months with the special conditions as stated by the probation officer.

12.  The order in respect of D1 and D4 shall be concurrent for both charges.