HKSAR v. Sajid Mahmood

DCCC 280/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 280 OF 2013

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Reasons for Sentence

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1.Sajid Mahmood, you have been convicted by me after trial of the offence of robbery. The facts are well known to you.

2.Shortly after midnight on 10 January this year, a 16 year old schoolboy, Jonathan Lau, was on his way home after he had finished a part-time job at McDonalds Restaurant.  His route home took him through the Kwok Shui Road Park where you and three companions were sitting or chatting in front of the public toilet.  As he walked along, Jonathan Lau was operating his Samsung Galaxy Smartphone.  As he approached your group, you and a younger man, Khan Safian, who was just 16 at the time and who was part of your group, dashed towards him.  You grabbed his wrist while Khan Safian pushed him on the shoulder.  Jonathan Lau lost his balance and fell to the ground dropping his phone.  Khan Safian picked it up and started to run away.  When Jonathan Lau got to his feet and attempted to chase after Khan Safian, one of your companions blocked his way and pushed him back and kicked him in the leg and when he made a further attempt to chase Khan Safian, he was struck on the ear.

3.After you and your companions left the victim at the scene, you went to another nearby park at Kwong Fai Circuit where the police found you about 20 minutes later.  The police found the stolen phone in your pocket.

4.Robbery is always a serious offence.  I bear in mind that no weapon was used.  It was, however, a cowardly attack on a young boy aggravated by the fact that it was committed by more than one of you late at night while he was on his way home.  You were the eldest of the men involved.  I bear in mind that you are a man of previous good character.  I am prepared to accept that this was an offence committed on the spur of the moment without long premeditation.  I bear in mind that although you used physical force on the victim, you were not the person who inflicted the subsequent blows on him.  Fortunately, the injuries suffered by the victim were minor.

5.In my view, the appropriate starting point in this case is 3 years’ imprisonment.  You have not shown any remorse for your actions that night and therefore you are entitled to no further discount from that starting point.  I accordingly sentence you to 3 years in prison.