HKSAR v. Leung Shing Fan

HCCC455/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 455 OF 2011

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The 27-year-old defendant pleaded guilty to a charge of robbery committed on 18 May 2011 in the 16th floor lift lobby of a residential building in Kwai Chung.

The victim of the offence, PW1, was a 70-year-old marine and scrap dealer.

On the day of the offence in the mid afternoon, PW1’s wife, PW2, received a phone call from the defendant who claimed he had some things requiring collection on the 16th floor of their building. PW2 asked PW1 to go to the 16th floor and deal with the matter, and he did so.

As he left the lift and went into the 16th floor lobby the defendant came forward and declared robbery. He took out a can of spray paint, hit PW1 over the head with it and then sprayed paint into his eyes. The defendant then grabbed PW1 and cut PW1’s arms with a paper cutter. The defendant then dragged PW1 to the rear staircase and took PW1’s wallet from him. He removed US$150 and HK$650 from the wallet and then fled down the staircase.

A cleaner had witnessed the robbery and called the police.

The defendant had left his mobile phone in a black bag at the scene and from the SIM card found in that phone the police retrieved the defendant’s family flat phone number and a subscriber check revealed the address of that flat.

The police then went to the premises armed with a search warrant and found the defendant inside. When cautioned, the defendant admitted the offence.

This was an offence in a residential building. It involved the use of a paper cutter and paint was sprayed into the eyes of the victim. Fortunately the cuts inflicted by the defendant were not serious, although they were not immaterial and the scars were still evident in police photographs taken four months later.

I bear in mind also that paint was sprayed into the eyes of PW1, though apparently no lasting injury was caused in that regard. PW1 was treated and discharged from Princess Margaret Hospital on the day of the robbery.

This was not a spontaneous robbery. A reasonable degree of preparation was undertaken by the defendant, though the robbery itself could not be described as either professional or competent.

I take a starting point of sentence of 7 years’ imprisonment. The only mitigation of substance available to the defendant is his plea of guilty. For that he gets full credit and that starting point is reduced to a sentence of 4 years 8 months’ imprisonment.