HKSAR v. Ku Yuk Wai

DCCC 248/2021

[2021] HKDC 667

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 248 OF 2021

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REASONS FOR SENTENCE

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1.Mr Ku pleaded guilty before me to one charge of Robbery, contrary to section 10 of the Theft Ordinance, Cap 210.

2.The particulars are that he, on 4 January 2021, at Circle K Convenience Store, Shop No 7, Ground Floor, Yuen Long Trade Centre, Nos 99-109 Castle Peak Road – Yuen Long, Yuen Long, New Territories, in Hong Kong, robbed OU Kaite of cash of about $1,300 Hong Kong currency and two packets of cigarettes.

Facts admitted by Mr Ku

3.On 4 January 2021, at about 2 am, Mr Ku was in the subject Circle K Convenience Store.  He asked the shop attendant PW1 OU Kaite for a packet of cigarettes.  PW1 then went to grab one from the shelf.  Mr Ku suddenly pointed a knife of about 20 cm long at PW1.  Mr Ku told PW1 that he would not hurt PW1 and asked PW1 to be nice to him.  Realizing a robbery was in progress, PW1 took out cash of about $1,300 from the cash register and handed it to Mr Ku.  Mr Ku also took the packet of cigarettes and asked for one more which was duly handed over.  Mr Ku then fled.

4.Later the same day, Mr Ku was located and arrested at his home.  Under caution, Mr Ku admitted the offence.  During a subsequent cautioned VRI, Mr Ku admitted bringing a knife from home to the Store to rob PW1 of cash and two packets of cigarettes by pointing the knife at PW1.

Criminal record

5.Mr Ku has 29 previous convictions spanning between 2001 and 2018.  Seven of these convictions were for burglary (last ones in 2016); one was for handling stolen goods and two were for theft (the last theft was in 2018).

Antecedents

6.Mr Ku is aged 39 now and at the time of the offence.  He was born in the Mainland and was educated to F1 level in Hong Kong.  He was unemployed at the time of arrest.  He is divorced and lived with his girlfriend and her son in Tuen Mun.

Mitigation

7.Mr Freddy Woon of counsel assigned by the Director of Legal Aid mitigated on behalf of Mr Ku.

8.The following is a summary of the mitigation submissions.

9.Mr Ku was a construction site worker earning about $16,000 a month prior to October 2020 but lost his job because of the pandemic.  Despite repeated attempts, he was not able to obtain any casual work.  He had to resort to his savings to support his family.  He committed the offence because he had used up his savings.

10.Mr Ku pleaded guilty and cooperated with the police despite the fact that he was not caught at the scene.  He did not use strong threatening words at the time of the offence. 

11.Mr Woon submitted that the last theft was a shoplifting offence and was not as serious; and that the previous Theft Ordinance offences were all less serious than the present robbery offence.

12.After taking further instructions and despite what was stated in the written mitigation submissions about willingness to compensate the victim, Mr Woon informed the court that there will be no restitution.

13.Mr Woon asked for the court’s leniency towards Mr Ku.

14.Mr Woon submitted a mitigation letter (with English translation) written by Mr Ku himself.  Contents are generally that Mr Ku feels regretful after self-reflection and feels the support of his family members; he asked the court for a chance and asked for a lenient sentence.

Sentence

15.Robbery is a serious offence.  The authority of Mo Kwong Sang v The Queen [1981] HKLR 610 dictates that in an ordinary case of armed robbery where the accused displayed a knife or other dangerous weapon to his victim, the sentence after trial should be 5 years’ imprisonment.

16.There are two aggravating factors, namely, Mr Ku being a persistent offender in Theft Ordinance offences, and the shop in question being an overnight convenience store (for the latter, see HKSAR v Lam Hoi, CACC 105/2016, at para 54).  On the basis of both aggravating factors, I shall enhance the starting point by 6 months.

17.Mr Ku pleaded guilty in good time for which he shall have his 1/3 discount in sentence.  There are no other mitigating factors of sufficient weight to justify any further reduction.

(Mr Ku, please stand)

18.Mr Ku shall go to prison for 44 months.