HKSAR v. Tsang Chun Fu Danny

DCCC1010/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1010 OF 2009

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Before:   H H Judge Tallentire

Date:     16 October 2009 at 10.42 am

Offence:  Robbery (搶劫罪)

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Reasons for Sentence 

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1. Defendant, you pleaded guilty to one offence of robbery, contrary to Section 10 of the Theft Ordinance, Cap.210. 

2. You admitted the facts and I convicted you.

3. Briefly, the facts were as follows.     

4. PW1, aged 51, is a nurse at Kwong Wah Hospital in Yaumatei.  At about 6.40 am on 16 August 2008, while she was entering the hospital through the staff entrance on Pitt Street, she noticed someone was following her into the premises.  

5. When she reached the ground floor outside the Administration Block, she was hit on the back of the head.  She turned and saw that you were holding a ballpoint pen in your left hand and a cigarette butt was in your mouth. 

6. She asked why you had hit her, but you said nothing and quickly snatched her handbag valued at about $300, which contained a wallet, valued at $500; a coin bag; her ID Card; cash of $560; and some keys.   

7. You then fled towards the Pitt Street staff entrance.  PW1 chased you, shouting for assistance.  You reached the iron gate of the entrance but it was locked.  You tried to climb over but PW1 and other passers-by, including PW2, tried to pull you back by your trousers.

8. During the struggle, you cut your right arm on the gate and it bled.  You then dumped PW1’s bag on the ground and told her that you were returning it to her.   

9. You then returned to ground level, dropping your cigarette as you did so.  You told PW1 and PW2 that you needed a doctor and walked away in the direction of Waterloo Road.  You dropped your pen near the gate.  You then made off.

10. The incident was caught on CCTV.  All of PW1’s goods were returned.  In a subsequent medical examination, it was found that PW1 sustained redness to her right elbow and abrasion to her right breast.   

11. DNA analysis obtained from bloodstains on various exhibits at the scene identified you as the culprit.     

12. On 15 May last you were arrested.   

13. You admitted to a lengthy criminal record comprising 44 previous convictions, many of which involved drugs, but 10 involved dishonesty and 3 violence.  

14. On your behalf, Mrs Wong entered mitigation.  I thank her for preparing a written submission, that is most helpful.

15. I was told that you are 47 years of age, married but childless.  Your wife resides in the mainland and is employed.  You yourself are at the moment a casual worker earning $450 a day when you can obtain work.  You send money to your wife in the mainland when you can.    

16. Referring to your record, Mrs Wong informed me that, most of the offences that you have been convicted of involved drugs.  She said the present robbery was unplanned, you were not armed and all goods were returned.  Quite properly, she stressed your early plea of guilty.  As usual, leniency was asked for.       

17. She referred me to the case of HKSAR v Lam Ka Hung CACC294/2003.  In that case, the Court of Appeal approved of a starting of 4 years for robbery where no weapon was used.    

18. In this case, whilst you were holding a pen when PW1 turned, she could not say that you had actually used that pen to strike her. 

19. Mr Chan, on behalf of the prosecution, very properly and very fairly conceded this point and I will give you the benefit of the doubt on that matter.

20. I turn now to the sentence.

21. Robbery is always a serious offence.  The courts of Hong Kong will always deal seriously with offences of robbery.  Would-be robbers should know that only lengthy sentences of imprisonment are appropriate. 

22. In the present case, you followed the victim, and you struck her from behind.  However, it would appear that the blow itself did not cause any injury.  You ran off with her handbag.  Your attempt to escape was thwarted and the handbag and the goods contained therein returned.

23. In reaching my sentence, I took into account these facts, I noted the nature of the charge and the mitigation advanced.

24. Defendant, you have an appalling record, though I accept it is largely related to drugs.  I also note that this is the first conviction for robbery.  I accept that the offence itself was not premeditated and that it cannot be said that a weapon was actually used.  However, there was violence against the person of PW1 and you trespassed through the staff entrance of the hospital.  I noted PW1 did suffer minor injuries.  These appear to be in the aftermath of the robbery in her own efforts to obtain her goods back and to arrest you.  That you were brought to justice is attributable to the DNA evidence. 

25. Taking all these facts into account, I do find that 4 years to be appropriate starting point. 

26. You have pleaded guilty today and indicated a plea of guilty from the earliest possible opportunity, you are therefore entitled to the full discount of one-third.  Therefore, you will go to prison for a period of 2 years and 8 months, which is 32 months.