HKSAR v. Lam Nam

DCCC 108/2021

[2021] HKDC 732

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 108 OF 2021

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REASONS FOR SENTENCE

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1.The defendant pleads guilty to one charge of robbery of Madam Wu, 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.  In summary at around 1651 hours on 1 November 2020 police officers on plain clothes patrol in Sham Shui Po saw the defendant acting furtively.  

3.PC 18794 followed the defendant.  When the defendant stopped outside Nos. 16, 18 and 18A Un Chau Street PC 18794 observed the defendant from the opposite side of the street.

4.At the same time Madam Wu, who was returning home, stopped on the Ground Floor to check the mail box[2]. The defendant went past Madam Wu and walked up to the 1st Floor and stood in the corridor. 

5.When Madam Wu walked up to the 2nd Floor, the defendant walked past Madam Wu, turned round and threw pepper powder in her face.  The defendant then snatched Madam Wu’s gold necklace and fled down the staircase.  Madam Wu gave chase. 

6.When PC 18794 saw the defendant rush out of the building he immediately stopped the defendant.  When the defendant tried to run away PC 18794 subdued him on the ground. 

7.Madam Wu approached and said that the defendant had just snatched her gold necklace. When Madam Wu saw her gold necklace, which had broken into two pieces, underneath the defendant’s body she pointed out that the necklace belonged to her. 

8.PC 18794 then conducted a body search and found in the defendant’s backpack a bottle of pepper powder. 

9.CCTV cameras captured the defendant entering the building shortly after Madam Wu and one minute later rushing down the staircase and leaving the building.   

Mitigation

10.In passing sentence, I have carefully considered the oral and written submissions of Miss Zahir, including that the defendant who is 53, divorced and lives with his elderly parents, works as a casual decoration worker on a casual basis but as a result of the pandemic his income significantly decreased[3]. 

11.Miss Zahir says that the defendant committed the offence out of greed[4]. 

12.I have read the defendant’s mitigation letter in which he speaks of being enlightened by a fellow Christian and says that he will study theology so he can contribute to society after his release and apologise to those he has hurt.

Starting point

13.No knife or weapon having been used the proper basis for sentence is that which is appropriate for an unarmed robbery.  In HKSAR v Chan Sai Chiu the Court of Appeal held that a starting point of 4 years’ imprisonment is appropriate for robbery involving pepper-throwing on the staircase of a private building[5]. 

14.I am satisfied the proper starting point after trial is also 4 years’ imprisonment. Giving the defendant full credit for his plea of guilty reduces the sentence to 2 years and 8 months’ imprisonment.

15.The defendant has appeared in court on ten occasions resulting in thirteen convictions, including convictions for burglary, theft, going equipped for stealing and handling stolen goods in 1982, 1997, 2016 and 2017.  The defendant last appeared in court for offences of dishonesty in 2017 when he was sentenced to a total of 21 months’ imprisonment for burglary and handling stolen goods.  The defendant was released from prison on 3 April 2018[6].

16.Taking into account that apart from a minor conviction for gambling the defendant has managed to remain out of trouble for over two years and that prior to his convictions in 2016 and 2017 he was last before the court in 1997, I do not enhance the sentence by reason of previous offending. 

Compensation

17.The defendant agrees to pay $3500 by way of compensation to Madam Wu being the cost to repair her gold necklace.  The defendant’s brother, who is in court today to support his brother, has paid the sum of $3,500 into court today.  In recognition I reduce the sentence by 1 month to 2 years and 7 months’ imprisonment. 

18.The defendant is convicted and sentenced to 2 years and 7 months’ imprisonment and ordered to pay $3,500 compensation to Madam Wu from the monies paid into court.