HKSAR v. Imran Khan

DCCC 544/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 544 OF 2013

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

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

Reasons for Sentence

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

1.Defendant pleaded guilty to a charge of attempted robbery. In the afternoon of 30 April 2013, while the victim, male, age 51, was walking along the street at To Kwa Wan, Kowloon, defendant suddenly approached from behind and snatched the victim’s mobile phone. Struggles ensued, defendant pushed the victim onto the ground and punched the victim’s face twice and demanded him to hand over the phone. At this juncture, an off-duty senior inspector happened to pass by and separated him. Police arrived and arrested the defendant.

2.Under caution, defendant admitted he had punched the victim and attempted to take the victim’s phone as he had no place to live. 

3.Defendant aged 29, a Pakistan National.  He had 4 previous criminal convictions from 2009 to 2013, including two of possession of dangerous drugs, theft and illegal remaining.  He was last sentenced on 16 April 2013 for possession of dangerous drugs of 4 months’ imprisonment suspended for 2 years.  By committing the present offence, defendant is in breach of the suspended sentence.

4.Mr Lou submits that at the material time defendant was a bit under the influence of alcohol, yet he fully knew what he had been doing.  Defendant is not allowed to work in Hong Kong and solely relies on family support.  It is further submitted that he is now very remorseful and pleaded guilty at the earliest opportunity.  There was no weapon used and the victim did not suffer from serious injuries.  Defendant was just so foolish to commit the present offence to earn some money.

5.Attempted robbery is a serious offence.  In R v Yau Kwok Tung [1987] HKLR 782, the Court of Appeal stated that a sentence of 4 years is at the top end of the tariff for robberies where weapons are not displayed.  In HKSAR v Ku Kwok Wai CACC14/2012, the Court of Appeal had gone through similar cases for unarmed robberies where sentences vary from 2 years 8 months to 4 years’ imprisonment depending on circumstances.

6.In the present case, the facts were serious that not only the victim was pushed onto the ground, defendant further punched his face twice and demanded him to hand over the mobile phone.  It must be very scary and frightening experience to the victim which happened in the daytime in the street. 

7.Taking into account all the circumstances, I adopt a starting point of 3 years and 6 months’ imprisonment to be reduced to 2 years and 4 months upon guilty plea.

8.For the suspended sentence, I see no reason why not to activate but for the totality principle I assess that an overall sentence of 2 years and 6 months’ imprisonment be appropriate and therefore I would only activate 2 months from the suspended sentence.

9.Therefore the total sentence would be 2 years and 6 months’ imprisonment altogether.