HKSAR v. Zahir Ikhlaq Ahmad and Others

DCCC 577/2018

[2020] HKDC 577

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 577 OF 2018

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

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

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

Reasons for Sentence
(Re-sentence of D2)

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

Charges

1.D1 and D2 plead guilty to conspiracy to rob (Charge 1).  D1, D2 and D3 plead guilty to theft (Charge 2).

Facts for Charge 1

2.At about 12:40 a.m. on 14 April 2018, Madam SU (PW1) and her sister Madam SO (PW2) were walking along Tai Hang Street, Yuen Long.  When they reached the Hong Kong Jockey Club Off-course Betting Branch situated at Ground Floor, Tai Hang Building, Nos. 14-20 Tai Hang Street, Yuen Long (“Betting Branch”), D2 who was masked, snatched a paper bag held in PW1’s hand and fled.  The paper bag contained one lunch box and one bottle of drink (total worth: HK$25).

3.Immediately afterwards, D2’s accomplice, who was wearing a hoodie and mask, appeared in front of PW1 and tried to snatch away her shoulder bag but in vain.  PW1 held her bag tightly, and, together with PW2, struggled fiercely with the accomplice.  PW3, a friend of PW1 and PW2, who was nearby, came over to assist. 

4.Later, Dl, who was also wearing a hoodie and mask, appeared and tried to kick PW1 but missed.  D1 and the accomplice fled.  

5.In the course of the struggle, a silver bracelet (later known to be D1’s property) was left at the scene.  The incident was captured by CCTV installed outside the Betting Branch.

Facts for Charge 2

6.Four days later, on 18 April 2018, at about 5:00 a.m., Mr. CHENG (PW4) was driving his taxi bearing registration mark MV6437 (“the Taxi”) in Tuen Mun.  At about 5:30 a.m., at Shui Pin Wai Estate, Yuen Long, D1, D2 and D3 boarded the Taxi and asked PW4 to take them to Tong Fong Tsuen, Ping Shan.  D2 took the front passenger seat next to PW4, while D1 and D3 took the rear seats.

7.At about 5:35 a.m., D2 asked PW4 to drop them off at Ping Kwai Road, Ping Shan. When the Taxi pulled over, D2 suddenly snatched away PW4’s waist bag, which was placed between the front passenger seat and the driver seat, and fled. D1 and D3 fled from the Taxi as well.  PW4’s waist bag (worth HK$60) contained HK$600 cash, a red packet containing an amulet, and a wallet (worth HK$100) containing PW4’s identity card, driving licence, Octopus card, Home Visit Permit, and bank card.

8.PW4 gave chase.  PC 14055 nearby provided assistance.  Soon later, D1 was subdued by PC 11807 at Tsui Sing Road.  PW4’s bag was found beside D1.  D1 was arrested at the scene.

9.PW4 arrived and identified to the police that D1 was one of the 3 South-Asian males who took his bag.    

10.D2 and D3 were later arrested by the police.

Enquiries by the police

11.D1, D2 and D3 made admissions under caution. 

Mitigation

12.D2 is now 16 years of age.  He had a clear record.  He had received police superintendent discretion in October 2017 for shoplifting.  In respect of Charge 1, I would have considered a starting point of 18 months if he had been an adult offender.  He was only 15 years and 11 months at the time of the offence.  So I take an actual starting point of 15 months.  After the one-third discount, the sentence is 10 months. 

13.In respect of Charge 2, D2 had 2 accomplices.  The victim was a night-shift taxi-driver.  I would have considered a starting point of 30 months if he had been an adult offender.  Due to his young age, I adopt a starting point of 24 months.  After one-third discount for the plea of guilty, the sentence is 16 months.  

14.In April 2019, he was given 18 months’ probation with placement in a hostel.  He had performed properly up to July but lapsed afterwards, as reflected in his very unfavourable progress report of January 2020.   He was said to have disregarded the rules of the hostel and frequently lost contact with the probation officer.  Upon hearing the progress report, he asked me to give him a further chance and promised to behave in future.  I therefore remanded him in custody for a probation report with a focus on hostel placement.  However, the epidemic has so disrupted the probation officer’s quest for his hostel placement that there is no telling when the quest would be completed or what its result would be.  

15.Before sentencing in my court, he had been detained for over 10 months.  While obtaining various reports in my court, he had been detained for separate periods adding up to about another month.  He might not good enough for probation but what time he had spent in custody has more or less served as a commensurate penalty.  I now discharge the probation order and instead pass a concurrent sentence for both charges to allow his release very soon, if not by today.