HKSAR v. Sin Cheung Ming

DCCC920/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 920 OF 2010

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Reasons for Sentence

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1.Defendant, you pleaded guilty to a single offence of robbery, contrary to section 10 of the Theft Ordinance, Cap. 210. You admitted the facts and I convicted you.

2.The facts were as follows:- Tsui Ho Villa Guesthouse is at the 1st Floor of Mei Sing House, 30-32A Nullah Road, Mongkok. At the ground floor the main gate is accessed by inputting a password.  The guesthouse itself has seven rooms and there is a main door at the entrance.  At about 3.30 pm on 16 July last, Lai Yan-ping, PW1, was working at the reception facing the main door.  You entered and told PW1 you wanted to rent a room on an hourly basis.  PW1 showed you Room 2, then you both walked back to the reception area.  Suddenly you entered the balcony area, picked up a kettle from the pantry and dashed towards PW1.  You poured some boiled water from the kettle onto the floor to scare PW1, you shouted “Robbery, give me the money otherwise I will hit you”.  PW1 told you she had no money.  At this point Chin Hang-ying, PW2, the person in charge of the guesthouse came out of one of the rooms and left to get assistance.  You then went to the balcony and picked up a chopper and shouted “Give me the money otherwise I will chop you”.  PW1 was scared and opened the cash drawer, you grabbed some coins, about $65 from the drawer, you then replaced the chopper and was about to escape when PW2 returned with members of staff of the management office.  They intercepted you.  PW1 told PW2 that you had taken some money from her.  PW2 and members of staff held you and you did not struggle.  The police were called.  PW1 was uninjured.  A police officer arrived at 3.38 pm, he arrested you and searched you and found 13 $5 coins from your right pocket of your jeans.  No weapon was found on you. After arrest and caution you said “Ah sir, I am so poor so I come here to rob. I took a kettle and chopper to scare them.  I did not intend to hurt anyone”.

3.Subsequently in a video-recorded interview at the police station you said you had come to the guesthouse by chance and had no accomplice.  You took the kettle and chopper to scare PW1 only and then replaced them at their original position.  You admitted to 13 previous convictions on 10 different occasions, none of which were similar. 

4.On your behalf Mr Lam entered mitigation.  I was told that you wanted me to adjourn the case and take a background report but I have to tell you now, defendant, I could see no point in that.  In my opinion, Mr Lam has placed before me all the information I need to deal with you and nothing usefully could be added. 

5.I am told you are 42 years of age, unemployed and in receipt of Social Security of less than $2,000 a month.  You are a divorcee residing with your mother and younger brother.  Mr Lam tells me and your record supports this, that you are a drug addict of longstanding.  The offence was unplanned and resulted from your being hungry having spent all your money on drugs.  I am also told that you intended not to hurt anyone even though you threatened people with the chopper and kettle. 

6.I have to say I cannot regard this as unarmed robbery in these circumstances, this was clearly an armed robbery even though I do accept you would not have actually have used the two implements.  Mr Lam also referred to the fact that you had been entirely co‑operative on arrest and that you have pleaded guilty to the charge.

7.I turn now to the sentence.  Robbery is a serious offence.  In this case the victim was threatened with a kettle and a chopper.  Although I do accept that you had no intention to use them, nonetheless the victim was put in fear.  I am also prepared to accept that the robbery itself was unplanned and that it resulted from your hunger having spent your money on drugs, also that at the time of the commission you were under the influence of drugs.  I note also that you were entirely co‑operative.  When intercepted by the staff of the management office you made no attempt to struggle or offer violence.  You went on to become completely frank in your interview.  I also accept that you were not armed when you entered the premises and that you acted alone.  You have a very poor criminal record but by far and away the most significant part of that record related to drug offences, there is nothing else relating to dishonesty.  The robbery itself was rather inept. 

8.Whilst I cannot accept this being unarmed robbery, it was clearly armed robbery but I will take a lesser starting point than normal, the starting point I take is one of 4½ years, 54 months.  Your plea of guilty entitles you to a one-third discount, you shall have that, therefore you will go to prison for a period of 36 months, that is 3 years.