HKSAR v. Hui Pak Cheung

DCCC807/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 807 OF 2010

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Reasons for Sentence

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1.The defendant pleaded guilty to a charge of robbery.

2.The particulars of the offence are that, on 8 June this year, in Ma Sik Road, Sheung Shui, he robbed a Mr Lo of a $100 in cash.  The offence was committed at around 8 o'clock on the evening of 8 June when Mr Lo, who is aged 68, was on his way home.  The area where the offence was committed is a residential area.  Whilst Mr Lo was going home, the defendant suddenly appeared and struck Mr Lo on his face.  The defendant then searched the victim and removed $100 from his rear right trouser pocket and then fled.   

3.Ten days later, at 2 o'clock in the afternoon, the defendant was seen sitting near a restaurant, the Ping Kei Restaurant in Fanling.  The victim saw him there and alerted police officer.  The defendant was arrested.  The defendant admitted the offence.  He had no money in his possession at the time of his arrest. 

4.I am told that fortunately the injuries sustained by the victim were mild, and no medical treatment was required.  The defendant has an appalling record.  He has 59 previous court appearances for 68 charges, 55 of those offences relate to theft.  He was released from prison approximately one month before the commission of this offence.  I note with regard to this particular offence he has no similar previous convictions. 

5.The defendant is 51, and he was educated to Primary 5 level.  He has, in the past, worked as a steward in a Chinese restaurant, but he has been out of work for the last year, and in receipt of CSSA of $1,830.  The defendant is a drug addict.  He is single, with no fixed address.  His mother is aged 81 and lives in Mei Foo.  He alleges that he committed the offence in order to get the money for medicine for his mother. 

6.The defendant has written a letter to the court expressing his remorse for his commission of this offence.  Robberies are serious offences.  No weapon was used in this case, but the victim was considerably older than the defendant.  The offence was committed at night, in a residential area, where there were few people around.  It must have been an extremely distressing experience for the victim, and fortunately his injuries were not severe. 

7.Having taken into account all the circumstances, I propose to adopt a starting point of 3½ years in respect of this offence, and reduce that by one-third to reflect the guilty plea. 

8.The defendant will, therefore, go to prison for 28 months.