HKSAR v. LEE CHI FAI

 DCCC34/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 34 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single charge of attempted robbery, contrary to section 10 of the Theft Ordinance, Cap.210 and section 159G of the Crimes Ordinance, Cap. 200, Laws of Hong Kong.

2.  The brief summary of facts which you have admitted indicate that you, together with an unknown person, in the early hours of 14 December of last year attempted to rob the victim, a 24-year-old young woman, of her handbag which at the time contained approximately $30,000 being the proceeds of the noodle shop’s business that day.

3.  Whilst she waited for her partner outside the shop, yourself and this unknown male dashed toward the victim. Your accomplice punching her in the face twice whilst you tried to grab the handbag from her. Whilst you were struggling with the victim and attempting to grab her handbag, the victim’s partner came out of the shop, and you and your accomplice escaped empty-handed. You were caught whilst the other male got away.

4.  You are 23 years of age and live with your wife and young child together with your mother and other siblings. You do have three previous convictions but they are all of a totally different nature to the present offence.

5.  The present offence is a very serious offence. This was a joint enterprise between yourself and another where violence was used on a young lady in an attempt to rob her of her belongings in the early hours of the morning. Behaviour such as this has no place in a civilized society such as Hong Kong.

6.  I take as my starting point a sentence of 4 years’ imprisonment. I will discount this by one-third to take account of your plea of guilty which is the only mitigating feature in this case. You will go to prison for 2 years and 8 months.