HKSAR v. Poon Chi Tak

DCCC 397/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 397 OF 2014

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Reasons for Sentence

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Charge and facts

1.The defendant pleads guilty to a charge of robbery.  In the afternoon on 15 March 2014, the victim, aged 83, was walking back home alone from the lift lobby of the 33^rd floor of a public housing block in Sau Mau Ping.  The defendant from behind her suddenly pushed her onto the floor.  He took away her wallet, which contained her Hong Kong Identity Card, Senior Citizen Card, an Octopus Card, and $700 cash.  She was not injured.  She made a report to the police.

2.The CCTV recording of the block showed the defendant taking the same lift with her but left on the 32^nd floor.

3.The defendant was arrested on 17 March 2014.  Upon investigation, he admitted taking money from the victim because he was poor.  He was with $700.  He first spotted the victim in the market and saw her wallet inside the pocket of her jacket.  He followed her to the block and took the same lift.  After she pressed on the 33^rd floor button, he left on the 32^nd floor and walked up one floor to rob her from behind.  He took her cash and abandoned her wallet.      

Mitigation

4.He is aged 47, of F. 1 education level.  He was unemployed at the time of arrest.  He had received social assistance since 2003.  He had 12 robbery (including 2 assaults with intent to rob) records from 1982 to 1999.  He had 9 theft records from 1995 to 2013.  In mitigation he is said to have committed the present offence to pay for his father’s funeral expenses.  In my view, the present offence reflects that he will resort to robbery or theft when he needs money. 

Sentencing this defendant

5.I take an initial starting point of 2 ½ years.  I increase it by 6 months to take into account his recidivism for robbery, which is a more serious kind of theft.  I reduce his sentence by one-third for his plea of guilty.  The sentence is 2 years.  There are no other mitigating factors to reduce his sentence.