HKSAR v. Lau Kwok Hung, Jacky

DCCC 433/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 433 OF 2009

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Reasons for Sentence

1.The defendant pleads guilty to a single charge of robbery. It was a stereotype case of lift robbery where the defendant attempted to rob a 50 years old victim inside the lift. The defendant declared robbery and attempted to hit the victim with fist. The victim entered into a struggle with the defendant and the defendant was eventually subdued with the assistance of another resident of the block.

2.The general bracket for sentence of lift robbery with the use of minimal violence is a term of 4 to 5 years imprisonment. In Wong Kam Foon CA-295 of 1991 a starting point of 4 years was adopted for a lift robbery involving the use of minimal violence with no weapon; only 6 months discount was given as the defendant was caught red-handed. In Lee Yin Yi CA-801/95 the defendant followed a 67 years old lady into the lift. As the lady got out of the lift the defendant grabbed her from behind by the neck, pushed her to the ground and fled with her handbag. The court of Appeal considered a starting point of 5 years to be appropriate taking into consideration (i) the robbery was committed in the common parts of a private building; (ii) physical violence was used, resulting in injuries to the victim; and (iii) the victim was an elderly lady who was alone at the time.

3.For more recent cases such as Lee Ming Fai CACC-698/1997 (16/7/98) and Lee Hon Leung CACC-308/2006 (20 Dec 07) robbery and attempted robbery with the use of minimal violence within lifts, the starting point started is maintained at the level of 4 to 5 years’ jail term.

4.The defendant is only 21 years of age. He had previous records of theft, possession of offensive weapon, claiming to be a member of a triad society, wounding and selling infringing copyright articles. He used to be an apprentice working in a hair salon. His father passed away for kidney failure and his mother is on social assistance on account of her mental problem. His brothers and sister were either at work or in school. It was said on his behalf that he engaged in these acts on account of his drug addiction.

5.To account for the facts that the defendant is relatively young, no weapon was used, the victim suffered no actual financial loss though the fear instilled could be imagined, the injury the victim sustained was relatively minor, I adopt the lower starting point of 4 years 3 months. Young age and financial constraint on account of drug addiction are not generally considered to be valid grounds of mitigation for serious offence such as robbery. The strongest mitigating factor is defendant’s plea of guilty indicating his remorse, though the defendant only pleaded guilty on the day of his trial, I accord him the full 1/3 discount and sentence him to a term of 2 years and 10 months (being 2/3 of 4 years 3 months imprisonment).