HKSAR v. LEUNG CHONG PUN, KENNY (ALSO KNOWN AS LEE KWOK WAI)

DCCC 474/2020

[2020] HKDC 768

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 474 OF 2020

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REASONS FOR SENTENCE

1.  The defendant pleaded guilty to a charge of "Robbery". He used a knife to rob 2 gold necklaces from a jewellery shop.

Summary of Facts

2.  Dynasty Jewellery & Goldsmith Company Limited ("the Shop") is situated at Cheung Sha Wan, the address of which is pleaded in the Charge.  Madam Cheung (PW1) was a saleslady of the Shop; whereas Mr. CK Lau (PW2), the owner; and his son, Mr. MF Lau (PW3), the manager.

3.  About 10:25 a.m. on 20 December 2019 (a Friday), the defendant entered the Shop and told PW1 that he wanted to buy 2 gold necklaces weighing 2 taels as gifts.  He then took a seat in front of the display counter.  PW2 took out 2 gold necklaces (weighing 2.593 taels and valued at $42,500 in total).  The defendant put both necklaces around his neck and looked into the mirror.

4.  Suddenly, the defendant stood up and took out a knife from his upper garment.  He pointed the knife at PW2 saying "I have [a] knife, believe [it] or not I would stab you."  PW2 backed down and the defendant fled from the Shop, still wearing both necklaces.  PW1 shouted for PW3.

5.  The defendant ran to No.306 Castle Peak Road, trying to catch a taxi.  At the same time, PW2 was chasing after the defendant and shouting "Robbery!".  The defendant boarded a taxi, but the taxi did not move.  He alighted from the taxi and ran across the street.  PW3 and a passer-by, Mr. Li (PW4), joined the pursuit.

6.  The defendant tried to board another taxi at Cheung Fat Street, but the driver locked the doors.  Upon reaching Un Chau Shopping Centre, the defendant was surrounded by PWs 2 to 4 and he stopped running.  PW2 asked the defendant to return the necklaces.  He agreed but asked PW2 to let him go.  The defendant removed the necklaces and placed them on the ground.  PW2 picked up the necklaces.

7.  The defendant continued to run along the outskirts of Un Chau Shopping Centre.  He was being chased by PW3 and PW4.  PW4 picked up a broomstick on the way for self-defence.  The defendant ran in and out of the shopping centre, still holding the knife in his right hand.  In the course of the pursuit, PW4 hit the defendant with the broomstick several times but he did not stop.  At Wing Lung Street, another passer-by intercepted the defendant and pressed him on the ground.  PW4 kicked away the knife from the defendant.  The pursuit covered a distance of 610 metres.

8.  Police officers soon arrived.  They arrested the defendant and seized the knife, which was a fruit knife of about 20 cm long with a 13-cm blade.  PW2 found the 2 necklaces having been damaged and estimated that it would cost about $1,000 to repair them. CCTV footage of the Shop also captured the defendant committing the robbery.

Mitigation & Sentence

9.  The defendant is almost 53. He has 13 conviction records, which included 9 violence-related offences and 9 dishonesty-related offences.  His last conviction record is dated June 2008; he was sentenced to a total of 15 months' imprisonment for 2 "money laundering" offences.

10.  Defence counsel Ms. Wu informed me that the defendant resides with his girlfriend.  They have 2 children (aged 7 and 2), who are currently under foster care.  Ms. Wu also informed me that the defendant had a traffic accident in 1996 and had to undergo brain surgery.  Thereafter, he started to suffer from schizophrenia and psychosis with persistent auditory hallucination.  Despite his inability to secure regular employment, the defendant managed to behave himself for over a decade.

11.  In mitigation, Ms. Wu submitted that the defendant committed the present offence in order to help a friend because he did not have money to lend to that friend.  Ms. Wu stressed that the defendant did not have financial problems at the time of the offence. He and his girlfriend both received social welfare and were able to make ends meet.  Ms. Wu also clarified that the defendant was not under the influence of his psychiatric illness when he committed the robbery.  Ms. Wu submitted that the defendant attends his regular psychiatric follow-up appointments and takes his medication daily.

12.  In the present case, the defendant pretended to be a customer and used a knife to rob a jewellery shop. He took from the Shop 2 gold necklaces and tried to run away. Fortunately, he did not harm anyone and decided to surrender the necklaces. The only loss suffered by the Shop was the minor repair costs of both necklaces.

13.  According to the Court of Appeal's decision in MO Kwong-sang v The Queen [1981] HKLR 610, the appropriate sentence in an ordinary case of armed robbery where the accused carried a knife or other dangerous weapon which he displayed to his victim, should be 5 years' imprisonment. In the present case, I consider a starting point of 5 years' imprisonment just and appropriate[1]. With the timely guilty plea, the sentence is reduced to 40 months. Apart from this, I see no other mitigating factors which warrant any further reduction. I sentence the defendant to 40 months' imprisonment. I invite the Commissioner of Correctional Services to arrange for the defendant to continue to receive the necessary psychiatric treatment and medication.

14.  I commend the bravery acts of PW4 and the passer-by who subdued the defendant. I invite the Commissioner of Police to accord them with the appropriate praises and recognition.