HKSAR v. Shiu Man-bun

DCCC 319/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 319 OF 2012

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Reasons for Sentence

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Introduction

1.The defendant is convicted on his own plea of the charge of robbery.

Facts

2.At around 5:15 pm on 8 March 2012, Madam Zhao Ke (“PW1”), aged 23, was walking alone along Chatham Road North talking on her mobile phone which was an iPhone worth HK$6,788 (the “iPhone”). When the defendant walked past PW1 near lamppost no.AA5642 on Chatham Road North, he snatched her iPhone from behind.

3.PW1 resisted; but the defendant held PW1 up with his right hand and banged PW1’s head on the nearby railing. The defendant then fled with the iPhone.

4.PC11233 and PC54434 witnessed the whole incident and chased after the defendant. The defendant was subsequently arrested. Under caution, the defendant said he had robbed PW1 of the iPhone out of greed.

5.PW1 sustained injuries as a result of the struggle with the defendant. She was sent to the hospital for medical treatment. Upon medical examination, she was found to sustain haematoma on scalp and abrasion on face. She was treated and discharged on the same day.

The defendant’s previous conviction record and antecedents

6.The defendant has 10 previous convictions, out of which there are 3 previous convictions of robbery (sentenced in 1994, 1998 and 2006 respectively), two previous convictions of theft (sentenced in 1995) and one previous conviction of theft from vehicle (sentenced in 2008). The defendant was born in November 1977 and is now 34 years old. He has received education up to Form 3 level. He was last discharged from prison in March 2008.

Mitigation

7.It was submitted in mitigation that the defendant did not deliberately bang PW1’s head, and that the defendant banged PW1’s head because there was a struggle between him and PW1. Mr Tsu also submitted the following cases to this court and asked this court to adopt a starting point lower than 4 years’ imprisonment:

· HKSAR v Lam Ka Hung CACC 294/2003;

· HKSAR v Tsang Man Tat DCCC 862/2011; and

· HKSAR v Li Kin Chuen DCCC 1004/2011.

Mr Tsu agreed that the aforesaid two District Court judgments are not binding on me. He only asked this court to impose a sentence consistent with other District Court judgments.

Sentence

8.This is a case of unarmed robbery where physical force was used on PW1. Having considered the facts of this case and various authorities, including HKSAR v Mohammad Munir CACC 579/1999, HKSAR v Ting Chiu & Another [2003] 3 HKLRD 378, HKSAR v Lam Ka Hung CACC 294/2003, HKSAR v Tsang Wai Man CACC 288/2006 and HKSAR v Wong King Leung DCCC 377/2010, I consider a starting point of 4 years’ imprisonment appropriate.

9.I give the defendant 1/3 discount for his guilty plea. There being no further valid mitigating features justifying further reduction in sentence, the defendant is sentenced to 32 months’ imprisonment.