Case Document

100%Judiciary

DCCC 445/2021

[2022] HKDC 770

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 445 OF 2021

________________________

	HKSAR
	v
	MOHAMMAD SHAHZAD

________________________

Before:

Deputy District Judge R Wong

Date:

22 July 2022

Present:	Ms Barbara Wong, Counsel on Fiat, for HKSAR
	Ms Mohamed Nisha, instructed by S Y Fung, Solicitors,
	assigned by the Director of Legal Aid, for the defendant

Offence:

Robbery（搶劫罪）

________________________

REASONS FOR SENTENCE

________________________

Charge

1.D3 was jointly charged with 2 others with one count of robbery, the particulars being that they on 2 February 2021 in Yuen Long, robbed a female of about HK$50,000 and her personal items.

Plea

2.D3 pleaded guilty and admitted the facts.

3.He further testified as a prosecution witness in D2’s trial and as a result of that, D2 was convicted.

Summary of Facts

4.On the material day in midnight at a street in Yuen Long, D3 together with 2 other males with one holding a wooden stick of around 60 cm in length, approached the female victim from behind. D3 asked the victim to surrender her rucksack. Feeling scared, PW1 handed over her rucksack containing the properties as in the charge and mobile phone to D3.

5.Four days later, D3 was arrested outside his residence. In the subsequent house search, cash $14,000 and victim’s mobile phone were recovered.

6.D3 further led the police to Kwong Yip Street to recover some of the victim’s personal items which he discarded earlier on.

Background of D3

7.D3 was born in Pakistan and was brought to Hong Kong when he was two years old. He lived with his father in Hong Kong. He was educated up to F.2. He was unemployed.

Consideration of Sentence

8.In sentencing D3, I took into account the following points:-

(1)  the facts of the case, namely a gang robbery involving a wooden stick;

(2)  the mitigation put forward and the mitigating letter by D3.

(3)  D3 has a clear record.

9.I have further considered the following authorities:-

(1)  Mo Kwong Sang v the Queen [1981] HKLR 610

(2)  HKSAR v Mase Randy Benjamin V, DCCC 426/2021

(3)  HKSAR v Au Chi Hang & Others CAAR 2/2005

(4)  HKSAR v Lee Yat Fan CACC 414/99

10.In the case of Au, it was a gang robbery involving a 3 foot long stick. A starting point of 4 years was adopted.

11.In the case of Lee, it was held that a usual discount of 50% (including the 1/3 reduction) for defendant who gave truthful and material evidence for the prosecution.

Facts of case

12.The facts of the present case were quite akin to that of Au.

Starting Point

13.I adopted one of 4 years’ imprisonment.

Discount

14.D3 not only pleaded guilty but gave truthful and material evidence for the prosecution resulting the conviction of D2. I adopted the usual discount of 50%.

Sentence

15.After the discount, I sentenced D3 to 2 years’ imprisonment.