HKSAR v. Lam Hiu Lok

DCCC 549/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 549 OF 2016

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.The defendant pleaded guilty to Charges 2 and 3. Both were attempted-robbery offences. The defendant indicated his plea very early on, long before trial began. He also offered to become a witness for the prosecution. After the trial, I accepted his evidence, and his evidence led to the conviction of the only defendant remaining.

2.I will not repeat the facts of both charges.  I went into the particulars at length in my verdict.  However, in short, Charge 2 was an attempted robbery of an unknown man on 23 March 2016.  The 2nd defendant here and four other defendants attempted to rob an unknown man, all armed with water pipes.  This victim was hit once on the back from behind with a pipe, but he turned to face and then challenged all the defendants.  It clearly scared all the defendants because they ran away without doing anything else.

3.Charge 3 took place the very next evening. Again the 2nd defendant here and four other defendants attempted to rob this time, a female victim.  Three of the five defendants were armed with pipes.  This time, the defendants were braver and hit this victim three to four times to try and get her to release her bags.  She was just as resilient as the victim from the night before and strongly resisted the defendants.  The five ran away without being able to rob this victim of anything.

4.The 2nd defendant’s role in these attempted robberies seems to have been one of a lookout.  At the time of the offences, the 2nd defendant was 14 years old.  He is now 15.  Until now, he previously had a clear record. 

5.On the last occasion, having heard mitigation and taking into account his role as a prosecution witness, I only called for a probation officer’s report.  The probation officer is of the view that the defendant is suitable for probation and does recommend such an order. 

6.I will not repeat all the details of the report but it tells me in detail the defendant’s background and his family situation. The defendant is the youngest of three children.  He grew up in a very intact and loving family.  Very sadly, his father died from cancer in 2013.  His mother until then was a housewife.  After her husband passed away, she started to work.  Being the youngest, it seems the defendant was spoiled to some extent.  Despite such a loving family environment, outside of the home, the defendant attracted trouble.  He was not very academic and clearly mixed with some undesirable peers.  He at a very young age started to play truant and would often stay out late or overnight.  He then became subject of a care-and-protection order in 2015, and this is in spite of the fact he was placed in a boarding school to try and put him on the right path.  These offences were committed whilst he was a subject of a care-and-protection order.  Because of the seriousness of the offence and probably because he was under a care-and-protection order, he was not given bail for several months. When he was bailed out, he resumed schooling with an improved attitude and performance.  Presently, he is still boarding during the week and can go home during the weekends.

7.I have many letters of mitigation put before me.  These include letters from defendant and every member of his family, his friends, social workers and teachers from his boarding school.  His family are very supportive and have been very worried about the outcome of this case.  He himself has said in his letter that he is sorry that he has disappointed his mother and is very grateful that his mother and his family visited him frequently whilst he was in remand.  He says he has learnt his lesson and will not reoffend.  He wants to study, he wants to look after his mother, and he will stay away from friends that lead him astray.  Social workers and his teachers have said they have noticed a marked improvement in his academics, his behaviour and his attitude since he was released on bail. 

8.I am satisfied that he is not a deep-set juvenile delinquent.  However, until now, being only 15, he has not only been remanded in Pik Uk for three months.  He also, according to this report, spent three weeks in Tuen Mun Juvenile Home I am sure whilst the care-and-protection order was obtained.  So he has first-hand knowledge of what it is like to lose his freedom.  But actually those places he has experienced can be considered soft when compared to detention centre, training centre or an adult prison.  Therefore if he does not keep his promise and turn over a new leaf, then he may very well be back before the courts and experience a loss of freedom again.  

9.The defendant is only 15.  He is very young.  It is with determination and motivation, he can get an education and stay away from undesirable peers who lead him to commit serious offences.  But just as I have warned every other defendant in this case, if the defendant does not keep his promise, then, sadly, experience tells me he will be back before the courts again. 

10.Because of the defendant’s plea at a very early stage and his assistance to the prosecution as well as his young age and previous clear record, I will, because the report is favourable, sentence the defendant to probation for Charges 2 and 3.  I will sentence the defendant to 18 months’ probation, both charges to be served concurrently.  That is a total of 18 months’ probation with several conditions.  Listen carefully.  The defendant shall study and reside as directed by the probation officer. Secondly, he shall not associate with any persons or group of persons as directed by his probation officer.  Thirdly, there will be a curfew from 8 pm every night to 6.30 am unless otherwise authorised by the probation officer or the defendant is accompanied by his mother.  Lastly, the 2nd defendant will participate in any community programmes and activities deemed constructive to his rehabilitation as directed by the probation officer.

11.Defendant, please stand up.  Do you understand all of those conditions?

2ND DEFENDANT: Yes.

12.And are you willing to comply with all those conditions for 18 months?

2ND DEFENDANT: Yes.

13.I have to warn you that if you breach any of these conditions or if the probation officer is not satisfied with your attitude and behaviour whilst on probation, then you can be brought back before me at any time.  If that happens and I am satisfied you have breached your probation, I will discharge the probation and resentence you.  And if I have to do that, there will not be many options other than detention centre or training centre.  Understand?

2ND DEFENDANT: Yes.

14.And those places are much, much tougher than Pik Uk or Tuen Mun Boys’ Home.  I am giving you a warning.  Moreover, if you do come before me, having disappointed the probation officer, I cannot imagine how your mother will feel or how your mother will take it.  Understood?

2ND DEFENDANT: Yes.