HKSAR v. Wan Tsz Shing, Andy

DCCC 298/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 298 OF 2017

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Reasons for Sentence

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Charge and Facts

1.The Defendant pleads guilty to a charge of robbery. 

2.At around 5 p.m. on 4th January 2017, Madam NG Mei-ling (aged 64) and her husband Mr. HUNG Man-woon (aged 64) went to Kowloon Tong to meet up with a relative who handed her the cash of HK$70,000 and USD70,000 for purchasing gold on his behalf. The Hong Kong dollars had a rubber band wrapped around them, while the US dollars were placed inside a black plastic bag. Madam NG put all the money inside her recycle bag and went to Mongkok with PW2. At 5:30 p.m. of the same day, they went to Staircase No. 3, 1^st Floor, Bank Centre Mall, No. 636 Nathan Road, Mongkok and Madam NG started counting the money in her bag.

3.Suddenly, three unknown men appeared at the staircase and one of them asked Madam NG what she was doing there, while another snatched the money from inside her bag. She struggled but was pushed onto the ground. The three men then hit her head and kicked her chest. One of the men had also hit the back of HUNG’s head once. Two of them then grabbed onto HUNG, but he put up a struggle and managed to run back into the mall where he shouted for help. The three men then fled.

4.LI was a security guard at the mall and heard HUNG shouting "Robbery”. He immediately alerted his colleagues via radio. When he got to the atrium of 1^st Floor near Shop 22, he saw a man, later known to be the Defendant, running towards him. The Defendant saw LI and immediately turned around and ran towards the opposite direction. LI gave chase and finally intercepted him near Shop 27. The Defendant put up a struggle but was subdued by LI with the assistance of two other security guards and a passerby. 

5.The Police arrived at the scene shortly and conducted a search on the Defendant. One black plastic bag containing USD70,000 was found hidden at the right side of his waist. Madam NG confirmed at the scene that this was the money stolen from her during the robbery. The Defendant was then arrested. The cash of HK$70,000 also stolen from her was not recovered.

6.CCTV captured the Defendant entering the mall with three men at 5:25 p.m. At 5:30 p.m., the Defendant and two men were seen walking towards the direction of Staircase No. 3. Around a minute later, HUNG was seen rushing out of No. 3 Staircase at 1/F. The Defendant was then seen being intercepted and subdued by LI. At 5:34 p.m., the two men the Defendant was with earlier were seen leaving the mall via the main entrance of Wing Lung Bank Centre.

Mitigation

7.The Defendant is 33 years of age, of primary education level.  He has previous records for 2 robberies, sentenced in 2000, and assorted types of assault or wounding, sentenced before 2000.  There is no further record for violence until an affray, sentenced in 2016.  As there is a break in his records whether of robbery or violence, that is no strong reason for me to aggravate his sentence. 

Sentencing considerations

8.His solicitor refers me to a host of sentenced cases to the effect that it takes some aggravating features for an unarmed robbery to reach a starting point of 4 years.  In HKSAR v Ting Chiu [2003] 3 HKLRD 378, a couple of hikers was robbed by a gang of 4 of a little cash and property.  No violence was used except for holding a hiker still during the robbery.  A starting point of 4 years was adopted by the Court of Appeal.  After that, HKSAR v Lam Ka Hung CACC 294/2003 had a victim at a quiet bus stop at night in Tai Po so much threatened by a roll of newspapers passed off as a gun pointed at his stomach that he dropped his bag to be taken by the 2 robbers.  A starting point of 4 years was adopted by the Court of Appeal.  In HKSAR v Tsang Wai Man, the first incident had 2 robbers targeted 2 teenagers at a park and took their mobile phones and cash after slapping one and punching the other.  The second incident had the 2 robbers attacking a victim at a park and took his mobile phone and property.  A starting point of 4 years for each incident was adopted by the Court of Appeal.  There are 2 cases in the District Court, namely HKSAR v Wan Yick-tak DCCC 744/2010 and HKSAR v Li Wai-hung & Others DCCC 197/2015, where 3 years 6 months and 4 years were adopted as the respective starting points. 

Sentencing this Defendant

9.There are 3 robbers overpowering a couple in their mid-sixties after a course of attack at the staircase of a mall during which the wife was pushed onto the ground, hit on her head and kicked on her chest while her husband was hit on his head.  The did not suffer any apparent injury or attend to any medical treatment.  They lost HK$70,000.  In my judgment these facts amply justify a starting point of 4 years. 

10.I give a one-third discount for the timely plea of guilty.  The sentence is 32 months.