HKSAR v. Lau Tsz Kui Anthony

DCCC 503/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 503 OF 2016

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Reasons for Sentence

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1.The defendant has pleaded guilty to one charge: assault with intent to rob.

2.The facts of this case are that on 27 April this year at about 11.30 pm the defendant grabbed a female victim aged 28 around her neck from behind.  He also pointed something against her neck.  This offence happened at a junction of Tonkin Street and Lai Chi Kok Road in Cheung Sha Wan.

3.The victim shouted for help as soon as this happened.  The defendant tightened his grip around the victim’s neck and threatened to slash her if she shouted again.  He also grabbed her right forearm.  The victim continued to struggle and shout out loud.

4.A passer-by, a gentleman, a Mr Chan, saw what was happening.  The defendant let go of the victim, but tried to snatch away her bag.  The victim would not let go and the defendant ran away empty-handed.

5.This Mr Chan came to the aid of the victim and chased the defendant.  He managed to subdue the defendant until the police arrived.

6.The defendant, under caution, admitted the offence to the police.  He admitted that he had used a key, which he pointed at the victim’s neck, because he was in financial difficulty.  He also apologised for committing the offence.

7.The victim was sent to hospital and, upon examination, she was found to have a 2-centimetre abrasion to her neck and where the defendant had hold of her arm there was redness.

8.The defendant’s plea is his best mitigation today.

9.Mr Lai has said all he can on behalf of the defendant.

10.The defendant is 25 years old, has one previous conviction.  When he was 19, he was convicted of possession of dangerous drugs and put on probation.  That is his only conviction.

11.As far as his background is concerned, his parents are divorced and he lives with his mother and young brother.  He does see his father regularly.  He himself got married in January this year.  He was gainfully employed at the time of the offence.  He worked as a part-time machine operator at the container terminal in Kwai Chung.  He was earning $15,000 a month and was giving 3,000 of that to his mother.

12.I have been told that on the night of the offence the defendant had lost a substantial amount of money betting on horse races.  He was severely agitated, on his own and frustrated at the situation. He saw the victim walking alone and impulsively committed this offence.

13.I have received a letter from the defendant asking for leniency and from its contents it seems he had been drinking alcohol that night and has a temper issue.  He promises he will not re-offend.

14.Mr Lai has submitted a helpful written mitigation.  I am referred to several cases in the District Court with similar facts.  In those cases, starting points ranged between 3 and 3½ years.

15.Defendant, please stand up.

16.There is no tariff or guidelines for this offence.  Sentences will depend on the facts of each case. 

17.Relevant factors to assist me with sentence include the following:  the offence took place late at night and the victim was female and alone; the defendant was not carrying a weapon per se, but a key was held to her neck that caused an abrasion; luckily, the victim did not suffer any serious injury nor suffer any financial loss.

18.I also take into account the defendant’s plea and background.

19.Having considered all those factors as well as mitigation put forward, I find a starting point of 3 years’ imprisonment appropriate.

20.However, the defendant has pleaded guilty and is entitled to a discount of one-third.

21.After that discount is applied, the defendant for this offence is sentenced to 2 years’ imprisonment.

COURT: Do you understand that sentence?

DEFENDANT: Understand.