HKSAR v. Chan Hoi Tik, Heman

DCCC1114/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1114 OF 2009

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Reasons for Sentence

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1.Defendant, you were convicted after trial of a single offence of robbery, and you pleaded guilty to a single offence of failing to answer bail. In respect of the latter offence, you admitted the facts and I convicted you.

2.The facts of the robbery have been dealt with at length in my judgment.  Suffice it to say that this was an unarmed robbery which from the facts was entirely spontaneous and unplanned.  It did, however, involve a gang.  The victim was known to you and suffered no real injury.  The necklace taken was of modest value but was not recovered. 

3.You admitted to 23 previous convictions on 21 occasions. 13 of those convictions involved crimes of dishonesty, but I note this is the first offence of robbery, of which you have been convicted.  However, it turned out the record had not been updated and that you are indeed serving a sentence of some 4 months’ imprisonment for possession of dangerous drugs, from which you will be released on 14 October of this year.  That is Thursday.

4.On your behalf, Mr Leung entered limited mitigation.  He told me you are 32 years of age, Form 3 educated, and your last job was as a vehicle attendant.  He stressed, which I accept, that this was an unarmed robbery with no real injury to the victim.  In respect of the absconding, you had been arrested a few days later.

5.I turn now to the sentence.  Robbery is always a serious matter.  However, I accept that this is at the lowest end of the scale.  No weapon was involved.  It was unplanned; it was spontaneous.  The victim was known to you and suffered no real injury.  The goods themselves are of modest value but will never be recovered. 

6.There is but one aggravating feature and that is that there was a gang of you.  It is also clear from the evidence that you were the prime mover.  You are a man with a very poor criminal record, a history of drugs and dishonesty though, as I have said, this is the first conviction for robbery.  I will therefore be as lenient as I can consistent with my public duty.  I note that your mother is here to support you.  For the offence of robbery, you will go to prison for 3 years. 

7.In respect of the offence of absconding, this caused disruption to the District Court.  It has caused disruption to the witnesses.  It obviously achieved very little because you were arrested very shortly after the warrant was issued.  For that matter, I take as a starting point 3 months’ imprisonment, reduced to 2 for your plea of guilty.  You will be imprisoned for 2 months.  This will be consecutive to the 3 years.  All sentences will be consecutive to your existing sentence, so they will commence on Thursday.