HKSAR v. Zhao Desheng

CACC 314/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 314 OF 2013

(ON APPEAL FROM DCCC 653 of 2013)

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J U D G M E N T

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1.The applicant pleaded guilty to one charge of robbery and one charge of remaining in Hong Kong without the authority of the Director of Immigration having landed in Hong Kong unlawfully. He was sentenced to 2 years eight months’ imprisonment on the robbery charge with a consecutive term of 15 months for the unlawfully remaining charge, making a total sentence of 3 years 11 months’ imprisonment.

The Facts

2.At about 9:20 pm on 28 May 2013, the victim of the robbery charge, a 57-year-old woman was waiting alone at a public light bus stand in Happy Valley.  Suddenly, somebody used his right hand to cover her mouth from behind and snatch her iPad mini.  The victim resisted and a struggle ensued, during which she lost her balance and the man was able to snatch her handbag and flee.

3.The victim had the presence of mind to chase after him shouting “Robbery”.  Alerted by her cries, some passers-by intervened and managed to catch and subdue the man.  That man was the applicant.

4.The victim was taken to hospital where she was found to have suffered bruising to her upper lip, her right thumb and her left forearm.  The applicant was arrested and later admitted that he had landed in Hong Kong illegally from Shenzhen some 10 days before.  He had run out of the money he had brought with him and resorted to robbery so that he could buy some food.

The judge’s sentence

5.The judge adopted a starting point to 4 years’ imprisonment in respect of the robbery and reduced it for the applicant's plea to 2 years eight months.  Since the applicant was in Hong Kong unlawfully, which was an entirely separate matter from the robbery, she imposed a sentence of 15 months’ imprisonment and ordered it to run consecutively to the 2 years eight months.

Consideration

6.The starting point for robbery in a public place where force is used but no weapon is involved is 4 years’ imprisonment.  Although the violence might be said to be minimal in the context of a robbery charge, that was no consolation to a single woman going about her lawful business on the streets of Hong Kong at night.  The fact that she was on her own and it was dark would have made the event a very frightening one for her.  The value of the property stolen in the robbery was over HK$10,000.

7.Neither the starting point nor the resulting sentence is open to criticism.  As for the 15 months’ imprisonment for the unlawfully remaining charge, the judge was entirely right to make the sentence consecutive to the sentence for the robbery charge.  Since this was his second conviction for unlawfully remaining in Hong Kong, the applicant could not have complained if the sentence for this offence had been even higher.

8.The application is refused and the applicant is duly advised of his right to renew his application to the Court of Appeal, and the consequences of so doing.

Mr Mickey Fung, SPP of the Department of Justice, for the respondent

The applicant appeared in person