HKSAR v. WONG SIU HUNG

DCCC119/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 119 OF 2009

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Reasons for Sentence

1.  The defendant pleaded guilty to an offence of robbery.  The particulars of the offence are that on 24 December last year at an address in Castle Peak Road, Cheung Sha Wan, he robbed a lady of cash $900. 

2.  The victim in this case is 43 years of age and she works as a prostitute from premises in Castle Peak Road.  At 2.30 on 24 December she was working in her room when the defendant came to her room and requested sexual services.  The defendant was told that the services would cost $320, he agreed to that, and the victim provided sexual services to him. 

3.  Later, when the victim was putting on her clothes, the defendant grabbed her neck with both hands.  She resisted fiercely and fell to the ground but the defendant continued to grab her neck with great force and also punched her on her eyes.  The victim was unable to get rid of the defendant and she told the defendant she would give him all her money.  It was only then that the defendant took his hands off her neck and the victim gave him $900 from her handbag.

4.  The defendant took the money and requested the victim to sit down and to talk to him.  He did not pay for the sexual services.  After chatting for a while, the victim was asked by the defendant for her mobile phone number, and she gave him that number.  Thereafter, the defendant left.

5.  The victim was too frightened by the incident to make a report to the police at once.

6.  The following day at about 11.30 the victim received a call from the defendant on her mobile phone.  He apologised for having taken her money.  The defendant rang a few times after that.  The victim was scared and made a report to the police the same day.

7.  On 27 December the victim again received a call from the defendant and, during that conversation, the defendant told the victim what his surname was and the victim told that to the police.

8.  At 2 o’clock on the afternoon of 28 December the victim called the defendant and asked to meet him so as to enable the police to make an arrest.  They arranged to meet at a McDonald’s Restaurant in Cheung Sha Wan and the police were waiting outside the restaurant.

9.  When the defendant arrived at the restaurant the victim pointed him out to the police and he was arrested.  Under caution, the defendant admitted that he had robbed the victim and taken $900 from her.  He said he only grabbed the neck of the victim and did not use any weapons. 

10.  When he was interviewed, he said he was in debt and wanted to rob a few hundreds from prostitutes in the area; he would grab the neck of the prostitutes who were small in order to rob them.  He said he spent the money taken from the victim on food and repaying debts.  He said he felt guilty after the robbery so he called the victim to inquire as to her injuries.

11.  On the afternoon of the robbery the victim was treated at the Caritas Medical Centre for tenderness and redness of her neck, face, back and left shoulder, tenderness and bruising on the left eye, and an abrasion on the face and neck.

12.  I was told in mitigation that the defendant is 44 years of age and has a clear criminal record.  He is married, his wife came from the mainland, they have one child who is now aged 6, and they look after his old-aged father, who is aged 82.  I was told that the defendant was in employment as a carpenter and did used to work on a regular basis.  However, he was diagnosed last year as having diabetes and since then his earning capacity has been substantially reduced because he is not strong enough to do the work required of him.  He tried changing his job to being a decoration worker and construction site worker but was dismissed soon afterwards, again because he was not strong enough.

13.  I am told by counsel on behalf of the defendant that the financial situation has led to increased arguments with his wife.  His wife has had to get a job to support the family.  She earns $6,000 per month.

14.  I am told that on the day of the incident the defendant and his wife had been quarrelling earlier that day.  I am told the defendant was feeling guilty because he was unable to provide any money to take the family out for dinner and it was Christmas Eve.  I am told that in the heat of the argument he said to his wife that he would come back soon with lots of money.  I am told that he then left the matrimonial home and went out, having no clear idea how he was going to get the money which he said he would return with.

15.  It was urged upon me that the offence was not premeditated.  There was no weapon used and the violence was used to subdue the victim.  After the assault, he told the victim of his unhappy situation with his wife and that he was suffering from depression.  I am told that he felt guilty after the offence and rang up the victim in order to see how she was.

16.  A letter has been submitted in support of the defendant from his wife.  His wife confirms that they have been having many problems of late and that she was not able to understand how the defendant was feeling or thinking.  She said that she placed no blame on him and was willing to put this matter behind them and start again when he is eventually released from prison.

17.  Persons in the position of the victim in this case are in a very vulnerable situation.  They work alone and they are easy targets for offences of robbery and random acts of violence like this.

18.  It was urged upon me that this offence was committed on the spur of the moment, it was not premeditated.  However, the defendant had to find a person working alone as a prostitute first of all.  He would have to make sure that she was working alone.  He did not go there just for the purpose of robbery.  He took advantage of her sexually first and then had no money to pay for the sexual services provided. 

19.  I take on board that the defendant did not have a weapon but he did not need one.  She was a vulnerable person and he used his hands to grab her neck.  He grabbed her neck with great force and punched her on the eyes.  It must have been an extremely frightening and traumatic experience for the victim.

20.  I have taken into account the fact that the defendant did ring up subsequently to apologise and he is a person of clear record.

21.  Taking into account all the circumstances, I take a starting point in this case of 5 years’ imprisonment.  I reduce that by one-third to reflect the defendant’s guilty plea.  The defendant will go to prison for 40 months.