HKSAR v. Lau Ka Chun, Eddy

DCCC 617/2020

[2021] HKDC 124

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 617 OF 2020

________________________

________________________

________________________

REASONS FOR SENTENCE

________________________

1.The defendant pleads guilty to one charge of robbery, contrary to section 10 of the Theft Ordinance[1].

2.Full particulars of the offence are set out in the summary of facts admitted by the defendant today[2].

3.In summary at around 0240 hours on 27 April 2020 the defendant entered the MK Star Hotel in Mongkok and asked Ms Chan, the receptionist, which boss was looking after the place.  Ms Chan did not understand and said that her superior was in charge of the hotel. 

4.The defendant then mentioned some names which Ms Chan did not recognise.  Ms Chan asked the defendant if he wished to rent a room.  The defendant said no and asked Ms Chan to let him use her phone charging cable. 

5.At around 0250 hours the defendant asked Ms Chan whether she had any money if he robbed her.  Ms Chan was frightened and answered she did not have any money nor did the hotel.  The defendant asked to talk to the person-in-charge of the hotel. Ms Chan used her phone to discreetly call a guest to help her.

6.When the guest attended the reception the defendant stopped talking about robbery. Once the guest left the defendant demanded Ms Chan to give him the phone charging cable.  Feeling frightened by what the defendant had said Ms Chan unwillingly gave the defendant the phone charging cable.  The defendant then left the hotel.

7.CCTV cameras captured the defendant entering the hotel; talking to Ms Chan; using the phone charging cable to charge his mobile phone; Ms Chan reluctantly giving the phone charging cable to the defendant and the defendant leaving the hotel. I have viewed the CCTV footage.

8.At around 09:45 the same morning the defendant returned to the hotel and told Ms Chan that he had no money and no place to live.  The police were called and intercepted the defendant as he was leaving the hotel.  The defendant was arrested for attempted robbery.  Under caution the defendant said that he had no money so he robbed the charging cable which he later threw away.

Mitigation

9.In passing sentence, I have carefully considered the oral and written submissions of Mr Ho, including that the defendant aged 44, single and unemployed at the time of his arrest, has two sons with his former girlfriend and is responsible for their tuition fees[3].

10.I take into account the defendant has appeared in court on nine occasions resulting in fifteen convictions, including convictions for theft and burglary.  I take into account the defendant has no previous convictions for robbery. 

11.Mr Ho is instructed that the defendant acted under the influence of alcohol[4].  CCTV footage shows the defendant drinking from a can of beer inside the hotel.  Mr Ho informs the court that the defendant knew what he was doing; went to the hotel intending to rob and that he intended to put the receptionist in fear of being subjected to force. 

Starting point

12.No knife or weapon having been used the proper basis for sentence is that which is appropriate for an unarmed robbery[5]. The starting point for unarmed robbery is generally no more than 4 years’ imprisonment[6].

13.Mr Ho has referred the court to three cases of unarmed robbery where the starting point was between 3 years and 3 months and 4 years’ imprisonment[7].  In all those cases some force was used.

14.Taking into account all the circumstances of the robbery including that Ms Chan was not harmed; the defendant did not directly threaten to use physical force; the defendant caused Ms Chan to be frightened that she would be hurt and the small value of the charging cable, I am satisfied the proper starting point after trial is 1 year and 6 months’ imprisonment. 

15.The defendant was sentenced to a total of 6 months’ imprisonment on 23 June 2020 for five offences including taking a conveyance without authority and theft from vehicle committed on 13 November 2019.    The defendant committed the robbery while he was on police bail for those offences[8].  The commission of offences while on bail is an aggravating feature of sentence.  I enhance the starting point by 3 months to 1 year and 9 months’ imprisonment.

16.Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 1 year and 2 months’ imprisonment.