HKSAR v. LAU SHUN MAU AND ANOTHER

DCCC297/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 297 OF 2011

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Reasons for Sentence

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1.  D1, you have pleaded guilty to three charges, those being possession of arms without a licence, the arms being two stun guns, contrary to section 13(1) and (2) of the Firearms and Ammunition Ordinance, Cap.238, that is Charge 5; possession of an offensive weapon, namely a knife, in a public place, contrary to section 33(1) of the Public Order Ordinance, Cap.245, that is Charge 6; and assaulting a police officer, contrary to section 36(b), of the Offences against the Person Ordinance, Cap.212, that is Charge 7.

2.  D2, you have pleaded guilty to four charges, those being theft of a motor vehicle, contrary to section 9 of the Theft Ordinance, Cap.210, that is Charge 1; forgery of a document, contrary to section 111(1)(a) of the Road Traffic Ordinance, Cap.374, that is Charge 2; driving without a valid driving licence, contrary to section 42(1) and (4) of the Road Traffic Ordinance, Cap.374, that is Charge 3; and using a motor vehicle without third party insurance, contrary to section 4(1) and 4(2)(a) of the Motor Vehicles Insurance (Third Party Risks) Ordinance, Cap.272.

3.  The Summary of Facts which have given rise to these offences and which have been agreed by both of you indicates that in the very early hours of 25 January of this year, police observed you leaving the premises at No. 73 Yeung Uk Road, Tsuen Wan.  Some two hours later they saw you arriving back at the building, you, D2, driving a motorcycle bearing the false number plate and you, D1, a passenger on the motorbike. 

4.  When the police intercepted you D1, you put up a struggle by bumping and kicking the officer causing abrasions to his hands.

5.  Your black shoulder bag was searched and a number of items were found which included the two stun guns, the subject matter of Charge 5, and a flick knife, the subject matter of Charge 6.  You told the police that your friend had asked you to collect the items for him and keep them in your custody for a reward of $500. 

6.  Further enquiries of the police revealed that the registration of the motorcycle should have been NK9088 and that it had been stolen sometime between 7thand 9 January 2011.

7.  You, D2, later told the police that you had stolen this vehicle some two weeks beforehand at Tsuen Wan West MTR station for your own use and you ordered a number plate and attached it to the stolen vehicle.  It was further discovered that you, D2, do not hold a valid driving licence nor was there any third party insurance in relation to the vehicle.

8.  You, D1, are 43 years of age and have a number of previous convictions, the last of which was in July 2010 when you were sent to DATC in relation to three offences of theft.

9.  You, D2, are also no stranger to breaking the law.  You have 12 previous convictions which relate to 27 separate offences.  I note in particular that you have been convicted of similar offences of taking a conveyance without authority, forgery of documents under the Road Traffic Ordinance and driving without a licence and without third party insurance in the past.

10.  In sentencing each of you, I take into account all that has been said on your respective behalves by way of mitigation, in particular your pleas of guilty. 

11.  With regard to you, D1, on Charge 5 there are no sentencing guidelines with regard to possession of stun guns.  Whilst I am satisfied that there is no evidence that you, yourself intended to use the stun guns for an unlawful purpose, you were aware of the contents of the shoulder bag which included, amongst other things, nylon stockings, surgical masks, adhesive tape, gloves and electrical wire.  Whilst you were a custodian of these items, you can have been in little doubt as to the purposes for which the stun guns were intended.

12.  On Charge 5, I take a starting point of 2½ years’ imprisonment.  I will reduce this by a one-third to take account of your plea of guilty, coming to 20 months’ imprisonment on Charge 5.

13.  On Charge 6, I adopt a starting point of 12 months’ imprisonment.  I will similarly reduce this by a one-third to take account of your plea of guilty, coming to 8 months’ imprisonment, which I order to run concurrently to Charge 5.

14.  On Charge 7, I impose a sentence of a one month imprisonment.  This is ordered to run consecutively to the sentence on Charge 5, arriving at a total sentence in your case of 21 months’ imprisonment in all.

15.  With regard to you, D2, on Charges 1 and 2, I adopt a starting point of 18 months’ imprisonment, which I will reduce by one-third to reflect your pleas of guilty, coming to 12 months’ imprisonment on Charges 1 and 2.  I order these sentences to run concurrently with each other.

16.  With regard to Charge 3, this is your second offence for driving without a valid driving licence.  The maximum sentence is therefore increased from one of 3 months’ imprisonment to 6 months’ imprisonment.  I adopt a starting point of 3 months’ imprisonment but will reduce it to 2 months’ to take account of your plea.

17.  On Charge 4, once again this is the second such occasion that you have been convicted of this offence.  You had no insurance to drive this motorcycle that you stole some two weeks beforehand, therefore posing considerable risk to the road using public.  I adopt a starting point of 9 months’ imprisonment in relation to Charge 4 but will reduce this to 6 months to take account of your plea of guilty.

18.  With regard to the sentences on Charges 3 and 4, I order them to run concurrently with each other but consecutively to the sentences on Charges 1 and 2, arriving at an overall sentence of 18 months’ imprisonment.          

19.  In addition to the sentence of 6 months’ imprisonment on Charge 4, I order that you be disqualified from holding or obtaining a driving licence in respect of all classes of vehicles for a period of 18 months.