HKSAR v. Hui Nam Hoi

DCCC 449/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 449 OF 2015

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Reasons for Sentence

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1.The defendant has pleaded guilty to one count of robbery, contrary to section 10 of the Theft Ordinance, Cap 210.

2.On 27 August 2014 he and another male jumped on and robbed a 52-year-old man at about 5 am in Shek Kip Mei as he walked along the street alone.  The defendant wore a face mask and a cap.  His accomplice grabbed the victim around the neck.  The victim fell over and there was a struggle.  The defendant pulled and successfully took away the victim’s bag.  He and his accomplice then ran.  However, a witness to this gave chase and scared the defendant and his accomplice.  This witness did not catch the defendant or the accomplice, but the defendant threw the bag, his mask and cap into the bushes as he ran away.

3.The victim was injured and scratched up but not seriously.  His bag was recovered. 

4.The mask and the defendant’s cap were tested for DNA.  The DNA samples from the items could have originated from the defendant, there was a 1 in 9.94 quadrillion chance it was his DNA.

5.The defendant was arrested in March 2015 in an internet bar in Kowloon.  The defendant made a full admission to the police.  He and two others were driving around in a vehicle looking for lone victims to rob.  He described to the police how he robbed the victim.  He admitted that it was he that pulled away and ran with the victim’s bag.  He admitted that the mask and the cap were his and he went along with the idea to rob people as suggested by his friends.  They wanted to steal money.

6.The defendant is only 21 years old and has one previous conviction for possession of dangerous drugs in September 2011.  He comes from a broken home and has been fending for himself since he was about 17 years old.  This led to him associating with undesirable peers and getting into trouble. 

7.I adjourned sentence after the defendant’s plea for a detention centre report.  He is not suitable for detention centre because of his poor tolerance for exercise.  He is not fit enough to endure such an order. 

8.The report is detailed and sets out his troubled upbringing.  I will not repeat the details, but clearly he has had little parental guidance and love growing up.  He has now reunited with his mother and sister and enjoying some support now.

9.I have a letter of mitigation from the defendant expressing his remorse.  His best mitigation is his plea of guilty.

10.I have considered several authorities, in particular, the following, all relate to unarmed robberies, HKSAR v Ting Chiu [2003] 3 HKLRD 378, HKSAR v Lam Ka Hung CACC 294/2003, as well as HKSAR v Ku Kwok Wai CACC 14/2012.

11.In the authority of Ting Chiu, the victim was confronted by four robbers in a public place.  The Court of Appeal found that the number of robbers was an aggravating factor and found a starting point of 4 years’ imprisonment appropriate.

12.In the authority of Lam Ka Hung, one robber used force against a female victim, he pushed her to the ground as she struggled when he tried to snatch her bag.  The Court of Appeal found a 4-year starting point appropriate under such circumstances but that appellant had a very poor criminal record, much worse than the defendant in this case.

13.It has been said by the Court of Appeal in the past that a 4-year starting point for an unarmed robbery is at the top end of the sentencing range.

14.In the last authority, Ku Kwok Wai, I sentenced two defendants, two robbers, one who pushed the victim and snatched her mobile phone whilst the other acted as a lookout.  I took a starting point of 3 years and 3 months.  Both of those defendants had clear records.   The Court of Appeal upheld that starting point.

15.Defendant, please stand up.

16.Having considered mitigation put forward on your behalf, your background, facts of this case and your plea, I will find a starting point of 3 years and 3 months appropriate.

17.You have pleaded guilty and you are entitled to a discount of one-third.  Therefore, for this charge of robbery, you are sentenced to 2 years and 2 months.