HKSAR v. Chan Wai Yip and Others

DCCC 876/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 876 OF 2012

----------------------

---------------------

Reasons for Sentence

---------------------

1.Defendants, you pleaded not guilty to the offence of robbery contrary to section 10 of the Theft Ordinance. I convicted you after trial of that offence.

2.The robbery was committed on a lady at about 6 am on 27 August 2012 on Western Road, Quarry Bay.  At that time the victim was going to work when suddenly her neck was grabbed from behind whereupon she was pulled to the ground.  One of you then tried to snatch her handbag.  She bravely and vigorously pulled it back hanging on to it however no sooner had she prevented one of you from snatching her bag, all three of you came and grabbed hold of her bag together and snatched it away from her grasp.  You then all ran and fled away.  

3.Very shortly thereafter you were found by police officers together inside a cubicle of the male toilet of the Quarry Bay Park.  In the cubicle with the three of you were the victim’s handbag and her property.  You were then all arrested for the offence of robbery.

4.The three of you have been represented separately in this case.  Mr Phil Chau represented the 1st defendant, Mr Dick Lee for the 2nd defendant and Mr William Allan for the 3rd defendant. Prior to sentencing you I called for a full range of reports which included Rehabilitation Centre reports, Detention Centre and Training Centre reports. These reports are all before me today and I have heard mitigation in respect of each defendant from each counsel.

5.For D1 you are 17 years and six months of age. You have a previous conviction of theft to which you were sentenced to probation for 15 months in 2009.  You breached your probation order in May 2011 and that was extended for a further 27 months.  In 2007 you received a superintendent’s discretion for an offence of theft.

6.For D2 you are aged 16 years and three months. You have one previous conviction for theft in October 2012 to which you were sentenced to Rehabilitation Centre.

7.For D3 you are 16 years and six months old and have a clear record.  The reports are all very comprehensive and I shall not go into the details of the reports. What is clear from the reports is that all three of you are mentally and physically fit for detention, rehabilitation and training centres.  What is common to all three of you is that you have been rebellious teenagers with no fixed employment; generally idle and seeking nocturnal activities.  Your parents who have failed to render effective supervision and eventually your association with bad peers has had an influence in your behaviour.  What is clear to me, and you are very fortunate, is that you have very good family support.  By committing this offence you have disappointed your family hugely.

8.All three of you say that you are now remorseful for your offence.  However clearly, at the beginning of this trial, you showed no remorse whatsoever.  The evidence against you was, as I mentioned in my verdict, overwhelming.  This lady came to court having to give evidence on her experience again as to what happened to her.  That obviously was a very frightening and fearful experience for her. You heard her say that the Tai Koo Shing area is really usually quite safe, she was surprised that she was robbed. 

9.You three boys robbed her of her property, causing her to fall on the ground and incur injuries.  You have shown very little remorse at all.

10.What it does appear to me, however, is that you now realise the evidence against you was so strong and after your conviction you have said you are remorseful.  As all counsel rightly say my duty now is, in effect, to see what is the most suitable sentence for you.  As I have mentioned, if you were adults I would have no discretion whatsoever.  You would be looking at at least 4 years’ imprisonment.  This is how serious and grave this offence is. 

11.You, however, all being under the age of 18, I must consider whether a rehabilitative sentence and a deterrent sentence is appropriate for you.  I can say now it is not an easy decision for me to make. What I am however sure of is that you do require some sort of supervision and both the detention centre and training centre provide this. 

12.The officer has recommended detention centre for all three of you.  He has assessed you, your behaviour and knows what you need to undergo some sort of training. 

13.Detention centre is not soft option.  It is stringent and is what is commonly referred to as a short sharp shock.  I bear in mind in considering what sentence to pass upon you that you have also been in custody for the past five odd months awaiting trial in this case. 

14.I also must bear in mind that what you do need is some sort of supervision and training to strengthen your law abiding concept.  In balancing the rehabilitation with deterrence I am minded to follow the recommendation by the officer and sentence you three to Detention Centre.  Defendants that is where you shall be so sentenced to Detention Centre.