HKSAR v. Wong Tak Faat
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DCCC852/2010 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 852 OF 2010 ----------------------
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-------------------------- Reasons for Sentence -------------------------- 1.Defendant, you pleaded guilty to one charge of robbery, contrary to section 10 of the Theft Ordinance. You admitted that on 12 June 2010, on the passageway between Hing Tung Estate Shopping Centre and Tung Hei Court, Shau Kei Wan, in Hong Kong, you robbed Chan Tsz-lok of cash of HK$10. 2.On 12 June, at about 3.20 am, the victim, Chan, aged 18, had just been to the 7-Eleven Store in Shing On Street in Chai Wan and was on his way home. When he was on the passageway, he saw you. You were unknown to him. At that time, you were walking towards him and you folded up the sleeve of your shirt, revealing a tattoo of a dragon. When you were about 1 metre away from the victim, you said to him, “What are you staring at?” and immediately punched his face. The victim’s glasses fell onto the ground and he felt pain. 3.While the victim was kneeling down to look for his glasses, he saw you taking out a paper cutter from your waist area. The paper cutter was about 6 inches in length. You took it out, pushed the blade out and pointed it at the victim. You said, “Give me money. Do you need me to slash you?” The victim replied he did not have any money. You repeated your demand by telling him to give you money so that you could buy beer. The victim then took $10 worth of coins out of his bag and gave them to you. You then returned the victim’s glasses to him before walking away from the footbridge to Tung Hei Court. The victim immediately made a report to the police. His injury was a swelling on his left temporomandibular. 4.Just under two weeks later, on 27 June, the victim saw you again standing next to the 7-Eleven Store on Shing On Street. He made a report to the police, and the officers arrived and arrested you for robbery. Under caution, you admitted to robbing the victim and stated you had done so because you had no money to buy beer. 5.In a subsequent video interview, you admitted that you had been drinking at the Shing On Street leisure area prior to the incident and you had drunk four cans of beer. After drinking, you were on your way home when you found the cutter in the street and you picked it up and put it in your pocket. You admitted to punching the victim’s face and threatening him with the cutter and taking $10 from him. You admitted that you committed the offence because you wanted money to buy beer. 6.The police had searched your home and found the paper cutter in a drawer inside your bedroom. 7.Prior to sentencing you, I called for a training centre report as you are 19 years old and of clear record. The training centre report is now before me. I am informed by your counsel, Mr Tong, that that report has been read and explained to you and you understand and agree to its contents. The report says that you are mentally and physically fit for detention in a training centre. 8.It appears to me from this report that after you had completed your studies which you had not performed very well, your behaviour deteriorated. You began mixing with dubious peers and dabbled in taking drugs such as ketamine. The report says that although you engaged in work as a chef, you maintained your hedonistic lifestyle and continued to associate with your undesirable peers. In company with your peers, you got a tattoo on the right upper arm when you visited brothels in Shenzhen. As you engaged in excessive merriment or enjoyment, you eventually incurred heavy debts. Out of greed for getting easy money, you committed this offence. 9.Although your father has been strict on you and your mother has been there to supervise you and did try to put you on the right path, their guidance has not been effective. After the commission of this offence, however, it appears that their supervision of you and your willingness to be supervised has been more effective. 10.I am informed that you were co-operative and polite throughout interview, and you realise your foolishness and recklessness and immaturity in committing this offence. You say that you were drunk at the time and you wanted the money to buy beer. You recognise your wrongdoing and you are ready to bear the legal consequences. I am informed that as to your future plan, you have expressed that you will secure a new job as soon as you are discharged and be a good citizen. 11.Defendant, as I informed you on the previous occasion that robbery with a weapon is considered a very serious offence. As an adult, robbery with a weapon, a starting point of 5 years’ imprisonment would be considered after trial. You are a young man, first offender, under 21, and I must look to see what is the most appropriate sentence for you in the way of a punitive and rehabilitative sentence. If there is any other sentence other than imprisonment, I can consider that other sentence. 12.I consider and I agree with the training centre report that in view of your weak law-abiding concepts, a period of disciplinary training coupled with statutory supervision would be beneficial to you. In those circumstances, Defendant, you should be sentenced to training centre.
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