HKSAR v. Ng Chi Pang

DCCC 61/2020

[2020] HKDC 988

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.61 OF 2020

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Reasons for Sentence

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Charge

1.D pleads guilty to a charge of attempted robbery.

Facts

2.PW1 was a saleslady of a jewellery and watch shop (“the Shop”) situated on the street level in Sham Shui Po. PW2 was its owner.

3.Around 11:30am on 17 October 2019, PW1 was on duty at the Shop behind the display counter, while PW2 was working at the back office of the Shop.  D entered the Shop, sat in front of the display counter and placed a Bonaqua plastic bottle containing transparent liquid on top of the counter.  He indicated interest in two Rolex watches (total valued at HK$254,800).  PW1 took out the watches from a display cabinet for D.  D put them on both of his wrists and stood up, picked up the Bonaqua bottle and opened it for several seconds.  PW1 instantly smelled the scent of paint thinner.

4.D closed the bottle and put it back on the counter.  He inserted his left hand into his left short pocket and fumbled inside the pocket.  He then tried to pull open the main door (a sliding glass door) in order to leave the Shop.  PW1 kept the door shut by pushing it in the opposite direction and yelled “Robbery”.

5.When D was not allowed to leave, he inserted his left hand into his left short pocket again and took out a cutter (about 16cm in length).  When he saw PW2 coming out from the back office, he put back the cutter into his left short pocket.  PW2 shouted at him and some passers-by stood outside the Shop’s main door to prevent him from leaving.

6.Then he sat down in front of the display counter and removed the watches.  A cutter fell out of his left short pocket.  PW2 put it away.  PW2 also smelled the scent of paint thinner and put the Bonaqua bottle away.  Later, D took out a pack of cigarettes from his left short pocket, intend-ing to smoke.  PW2 snatched it and threw it away.

7.The above incident was clearly recorded by the CCTVs inside the Shop.

8.The police arrived and arrested D.  Upon search of D, 3 lighters were found in his short pocket. 

9.Forensic examination revealed that the Bonaqua bottle contained about 530mL of a colourless liquid containing kerosene. 

Mitigation

10.D is 27 years of age, of F. 7 education level.  He was a fitness coach.  He had 7 records for in-decent assault, sentenced in June 2018 to 5 months.  He had 2 records for possession of dangerous drugs, sentenced in June 2018 to 3 months and in July 2019 to 4 months.  

11.He is the subject of a Psychiatric Assessment Report made on 2 July 2020 after consultation with the psychiatrist on 29 June 2020.  He was said to have a history of drug-induced psychotic issues.  Irregular compliance of medication had often triggered hallucinations and mood disturbance.  He was regarded not to have been affected by this condition at the time of the of-fence, so that he knew he was going to rob the shop of the watches.  He committed the robbery to make money desperately as he had spent a lot of money, said to be $30,000, in binge-taking cocaine for 4 days ended just 3 days before the offence. 

Sentencing considerations

12.In R v Mo Kwong-sang [1981] HKLR 610, the Court of Appeal indicates that the appropriate sentence in an ordinary case of armed robbery where the defendant carried a knife or other dangerous weapons (excluding firearms) which he displayed to his victim, should be 5 years’ imprisonment. 

13.Counsel in mitigation refers to 3 cases similar to our present case.  In HKSAR v Cheung Hon-kee (Transliteration) DCCC 561/2015, a judgment in Chinese, the defendant affected by drug abuse while holding an 8-inch fruit knife to attempt to rob a jewellery shop was sentenced to 32 months on a guilty plea.  In HKSAR v Ng Tung Kam DCCC 894/2016, the defendant who held a pair of 25 cm-long pliers attempted to rob a jewellery and watch shop was sentenced to 3 years on a guilty plea. In HKSAR v Mak Wing-tung (Transliteration) [2020] HKDC 89, a judgment in Chinese, the defendant used a broken glass bottle to attempt to smash the glass counter of a jewellery and watch shop and yelled “Robbery” was sentenced to 38 months on a guilty plea.   

Sentencing D here

14.D had brought a bottle containing 570mL of a liquid containing kerosene.  He opened the lid to make PW1 and PW2 aware of such contents.   

15.He had a 16 cm-long cutter which he drew out partly from his short left pocket for a couple of seconds and put it back.  Yet it stuck to the edge of his pocket and fell to the ground.  PW1 would not be able to see the cutter as she was on his other side.  PW2, who was on D’s left side, said in his witness statement that he only saw the cutter after it had fallen to the ground. 

16.The 3 lighters remained in D’s short pocket throughout.  They were not tested if they could cause a sparkle, so that it could start a fire with the kerosene. Their contents were not examined if they contained liquid fuel either.  I cannot assume the results to be positive. 

17.D had displayed a bottle of kerosene and, then, for a short while a part of a cutter in the robbery.  I take 4 years 3 months as the starting point.   After the one-third discount for the plea of guilty, the sentence is 34 months.