HKSAR v. Chung Tsz Chun and Others

Case No.DCCC 710/2010

Court

District Court

Date01 Dec 2010

Judge—

Case Document

100%

DCCC710/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 710 OF 2010

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	HKSAR
	v.
	Chung Tsz-chun (D1)
	Chan Ho-ting (D2)
	Chan Yan-ting (D3)
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Before:

H H Judge Geiser

Date:

1 December 2010 at 10.19 am

Present:

Mr John Hemmings, Counsel on Fiat, for HKSAR
Mr Yeung Yeuk Chuen, instructed by Martin Law & Co., assigned by the Director of Legal Aid, for D1
Mr Karl Keung, instructed by Messrs Chung & Kwan, for D2
Ms Ivy Lau, instructed by Messrs Tsang, Chan & Woo, assigned by the Director of Legal Aid, for D3

Offence:

(1) Robbery (搶劫罪)

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Reasons for Sentence

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1.D3, you have been convicted after trial of an offence of robbery, contrary to section 10 of the Theft Ordinance, Cap. 210, whilst you, D1 and D2 pleaded guilty, albeit in D1’s case at rather a late stage.

2.The particulars of the offence are that you three defendants on 23 April of this year at the 7-Eleven convenience store on the 2nd Floor of Wo Che Commercial Centre, Wo Che Estate, Shatin, robbed Leung Kin-wa of $4,349.10. You three defendants entered the store at approximately quarter to two in the morning of 23 April and whilst you, D1, and you, D3, subdued one of the two shop assistants who was on duty that early morning, it was you, the 2nd defendant, who approached the victim from behind, placing a paper cutter at his neck and ordering him to open up the till from which the money was taken. You three then made good your escape and subsequently shared the money between you.

3.Robbery, of course, is an extremely serious offence, particularly as in this case it involves the use of a weapon. Each of you are still young, D1 only 15 and D2 and D3 17 years of age. D1, you have a clear record whilst D2 and D3 I note that this is not the first time that each of you have broken the law.

4.It is apparent from the Probation officer’s report and the report from the Commissioner of Correctional Services that each of you lack proper parental supervision and are beginning to run wild in the neighbourhoods in which you live. Each of you have associated yourselves with undesirable friends who have led you astray and I note that many of these friends that you associate yourselves with are local triads. Probation in relation to each of you is not recommended but rather a period of training in a disciplined setting. Each of you are suitable to detention in a Detention Centre and accordingly I will make a Detention Centre Order in relation to each of you.

	H H Judge Geiser
	District Judge