DCCC1058/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1058 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to two charges before this court. The 1st charge is one of attempted robbery, contrary to section 10 of the Theft Ordinance and section 159G of the Crimes Ordinance. For that offence, you admitted that on 25 July 2010 at 7-Eleven Convenience Store in Fuk Chi Street, Hung Hom, you attempted to rob Lau Tung-hung. On the 2nd charge, you admitted that you had assaulted a man by the name of Lam Kai‑cheung on 25 July at Whampoa Garden, Phase 3, Hung Hom, contrary to common assault punishable under section 40 of the Offences against the Persons Ordinance.

2.  On 25 July at about 10.58 pm, Madam Lau, the victim of the attempted robbery charge, was counting money at the 7-Eleven store as she was the shopkeeper thereat.  The store was to close at 11 pm that day so the roller shutter was down but the door of the shutter was left open. Her colleague, Madam Tang, was at the back of the store doing an inventory check.  Whilst Madam Lau was counting the money, you suddenly entered the store via the open door and went straight to the cashier counter and declared “Robbery”, taking out a screwdriver and pointing it at Madam Lau’s waist. She immediately struggled with you when you attempted to snatch the $2,876 out of her hand.  Madam Lau shouted to Madam Tang to make a report to the police. During the struggle, you said to Madam Lau, “I want money, is it really necessary to see some blood?”  Madam Lau eventually managed to snatch the screwdriver out of your hand.  At the same time, Madam Tang went to the outside of the store and shouted “Robbery going on”.  You fled the store empty-handed.

3.  Whilst you were fleeing, there were some security guards nearby at Hung Hom Bay Centre and they had heard shouts of robbery and saw you running out of the store so they gave chase.  When you were near the staircase of Phase 3, Whampoa Garden, you pushed one security guard on the ground and attempted to escape and ran on, the other security guard stopped chasing you to look after his colleague.  Another security guard chased after you and you were eventually stopped by a police officer who responded to the call for police attendance at Phase 3 of Whampoa Garden.

4.  You were arrested and cautioned and under caution you remained silent.  In a subsequent record of interview, under caution you said you took a screwdriver into the store to rob the cashier after drinking a few beers to gain courage and you committed the offence as you had been unemployed for a few months and were running out of money.

5.  PW1 positively identified you as the robber in an identification parade held on 20 July 2010.  She had suffered an abrasion on her right thumb when she attempted to snatch the screwdriver out of your hand. The security guard you had pushed to the ground, the victim of charge 2, was admitted to the Accident & Emergency Department of Queen Elizabeth Hospital and he had bruising on his head and his left elbow.  He was treated and discharged from the hospital on the same day.

6.  You are 50 years of age and are of clear record.  I am informed by your solicitor, Mr Wong, that you had been unemployed for approximately two months.  Prior to that you were a cook earning $6,000 per month.  You lived in Shenzhen with your wife and 10 year old son and travelled to Hong Kong daily for your work.  On the day in question you came to Hong Kong to look for a job but was not successful and after having a few beers you then reflected on your financial problems and domestic problems you had with your wife.  Therefore after drinking and on impulse you committed this offence.  You are remorseful for your misdeeds and you pleaded guilty.  Mr Wong, your solicitor, is quite correct to point out that you have never been in trouble for 50 years.  This offence, therefore, does not appear to represent your true character.  Something has obviously gone very wrong with yourself during that time but as you now know, crime does not pay. 

7.  Mr Wong tells me that he has advised you that for the offence of attempted robbery a custodial sentence is inevitable.  He also accepts that a screwdriver is to be considered a weapon and the case of Mo Kwong Sang applies.  The starting point for a robbery with a weapon is one of 5 years’ imprisonment. 

8.  I take that starting point for your offence under charge 1 and giving you full credit for your plea of guilty and discounting one‑third, you will be sentenced to 3 years, 4 months for charge 1.

9.  The offence for charge 2 is one of common assault.  That sentence shall be one of 6 weeks’ imprisonment had I convicted you after trial and that will be reduced to 4 weeks’ imprisonment given your plea of guilty.

10.  These offences were committed at the same time and arising out of the same facts.  I have considered the principle of totality and consider that both terms of imprisonment should run concurrent to each other.  Therefore, your total term of imprisonment will be 3 years and 4 months’ imprisonment to which you are so sentenced.