HKSAR v. Ng King Him

DCCC278/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 278 OF 2011

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Reasons for Sentence

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1.The 1st defendant in this case has pleaded guilty to Charge 1, theft, contrary to section 9 of the Theft Ordinance, Cap.210, and Charge 2, robbery, contrary to section 10 of the same ordinance.

2.Charge 1 involves one identity card and a Home Visit Card belonging to a Mr Tan.  The defendant admits that he found these items sometime prior to his arrest in Choi Wan Estate.  Mr Tan could only say that he lost his wallet on or about 3 January this year.  Under caution the 1st defendant admitted that he had kept these items intending to sell them on.

3.Charge 2 involves a victim who was robbed after midnight on 16 January this year whilst walking home after work having alighted from a minibus.  She was pushed to the ground from behind with enough force to make her fall to the ground.  The 1st defendant admits he snatched her handbag and fled.  She lost cash, her identity card, her Home Visit Card, her Octopus cards, staff card, resident card, keys and two bank books.

4.The 1st defendant was arrested a few days later on 21 January at the 2nd defendant’s home.  The police had obtained a search warrant for the 2nd defendant’s home address relating to this specific robbery.

5.The 1st defendant is not a man of clear record. He is only 19 years old.  He has one previous conviction, a District Court case, where there were four charges - one of theft, two of robbery and one attempted robbery.  He was 15 years old at that time.  He was sentenced to 18 months’ probation with certain terms imposed including a 9 month residential condition at Shatin Boys’ Home.

6.Prior to sentence for that case certain reports were obtained, including Detention Centre, Training Centre, Rehabilitation Centre, Reformatory School, Probation Order and a Young Offenders’ Assessment Panel report.  I have had sight of all those reports and their contents.

7.Between completing probation and these offences today the 1st defendant became a drug addict.  He was involved with ketamine and “Ice”.  As is usually the case with drug addicts, he was in need of money which led to the commission of these offences.

8.His parents must be very disappointed.  I say that because the reports obtained in 2007 set out at great length his remorse, his determination to turn over a new leaf and promises to be a responsible, law-abiding person.  Clearly hollow words.  Four years’ later he is back in this court on the same serious charge of robbery.  A term of imprisonment is inevitable. 

9.This is a robbery where there was no weapon displayed, an unarmed robbery. 

10.I have very helpfully been supplied with authorities by defence counsel including The Queen v Yau Kwok Tung.  In that case there were two robbers and it was an unarmed robbery.  A starting point of 4 years was considered appropriate.  It was commented that 4 years would be the top end of the tariff for an unarmed robbery but not excessive.

11.I have also been referred to HKSAR v Cheung Chun Sin, CACC186/2004, an authority that in itself refers to other similar authorities, as well as HKSAR v Ting Chiu and Another, CACC174/2003.

12.I have heard full mitigation.  I have added details of the defendant’s background and upbringing gleaned from the reports obtained in 2007.  I have considered the authorities and the facts of this case, in particular Charge 2.  Where Charge 2 is concerned, what is particularly relevant is that the robbery was at night, the defendant acted alone, and the push to the ground was with force but no weapon was displayed.

13.Defendant, please stand up.  For Charge 1, I will take a starting point of 12 months’ imprisonment.  You will be entitled to a discount of 4 months for you plea.

14.For Charge 1, you are sentenced to 8 months’ imprisonment.

15.For Charge 2, I am going to take a starting point of 3 years and 9 months.  You are entitled to a discount of 15 months for your plea.

16.For Charge 2, you will be sentenced to 2 years and 6 months.

17.Where Charge 1 is concerned, 2 months of the 8 will be served consecutively to Charge 2, the balance of 6 months will be served concurrently to Charge 2.

18.That is a total sentence of 2 years and 8 months.