DCCC297/2011 HKSAR v. LAU SHUN MAU AND ANOTHER - LawHero
DCCC297/2011
區域法院（刑事）H H Judge Geiser11/5/2011
DCCC297/2011
A A
DCCC297/2011
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 297 OF 2011
C C
----------------------
D D
HKSAR
E v. E
Lau Shun-mau (D1)
F Chan Ka-hang Ray (D2) F
G ----------------------- G
Before: H H Judge Geiser
H Date: 12 May 2011 at 10.01 am H
Present: Ms Winsome Chan, SPP of the Department of Justice, for
HKSAR
I Mr Yaddy Cheung of Yaddy Cheung & Co., assigned by the I
Director of Legal Aid, for the 1st and 2nd Defendant
J Offence: (1) Theft (盜竊罪) J
(2) Forgery of document (偽造文件)
(3) Driving without a valid driving licence (駕駛時無有
K K
效駕駛執照)
(4) Using a motor vehicle without third party
L insurance (沒有第三者保險而使用汽車) L
(5) Possession of arms without a licence (無牌管有槍械)
M (6) Possession of an offensive weapon (在公眾地方管有攻擊 M
性武器)
(7) Assaulting a police officer (襲擊警務人員)
N N
---------------------
O O
Reasons for Sentence
P --------------------- P
1. D1, you have pleaded guilty to three charges, those
Q Q
being possession of arms without a licence, the arms being two
R stun guns, contrary to section 13(1) and (2) of the Firearms and R
Ammunition Ordinance, Cap.238, that is Charge 5; possession of
S an offensive weapon, namely a knife, in a public place, contrary S
to section 33(1) of the Public Order Ordinance, Cap.245, that is
T T
Charge 6; and assaulting a police officer, contrary to section
36(b), of the Offences against the Person Ordinance, Cap.212,
U U
that is Charge 7.
CRT24/12.5.2011/TS 1 DCCC297/2011/Sentence
V V
A A
2. D2, you have pleaded guilty to four charges, those
B B
being theft of a motor vehicle, contrary to section 9 of the
C Theft Ordinance, Cap.210, that is Charge 1; forgery of a C
document, contrary to section 111(1)(a) of the Road Traffic
D Ordinance, Cap.374, that is Charge 2; driving without a valid D
driving licence, contrary to section 42(1) and (4) of the Road
E E
Traffic Ordinance, Cap.374, that is Charge 3; and using a motor
vehicle without third party insurance, contrary to section 4(1)
F F
and 4(2)(a) of the Motor Vehicles Insurance (Third Party Risks)
G Ordinance, Cap.272. G
H 3. The Summary of Facts which have given rise to these H
offences and which have been agreed by both of you indicates
I I
that in the very early hours of 25 January of this year, police
observed you leaving the premises at No. 73 Yeung Uk Road, Tsuen
J J
Wan. Some two hours later they saw you arriving back at the
K
building, you, D2, driving a motorcycle bearing the false number K
plate and you, D1, a passenger on the motorbike.
L L
4. When the police intercepted you D1, you put up a
M struggle by bumping and kicking the officer causing abrasions to M
his hands.
N N
5. Your black shoulder bag was searched and a number of
O O
items were found which included the two stun guns, the subject
P matter of Charge 5, and a flick knife, the subject matter of P
Charge 6. You told the police that your friend had asked you to
Q collect the items for him and keep them in your custody for a Q
reward of $500.
R R
6. Further enquiries of the police revealed that the
S S
registration of the motorcycle should have been NK9088 and that
T it had been stolen sometime between 7th and 9 January 2011. T
U U
CRT24/12.5.2011/TS 2 DCCC297/2011/Sentence
V V
A A
7. You, D2, later told the police that you had stolen this
vehicle some two weeks beforehand at Tsuen Wan West MTR station
B B
for your own use and you ordered a number plate and attached it
C to the stolen vehicle. It was further discovered that you, D2, C
do not hold a valid driving licence nor was there any third
D party insurance in relation to the vehicle. D
E E
8. You, D1, are 43 years of age and have a number of
previous convictions, the last of which was in July 2010 when
F F
you were sent to DATC in relation to three offences of theft.
G G
9. You, D2, are also no stranger to breaking the law. You
H have 12 previous convictions which relate to 27 separate H
offences. I note in particular that you have been convicted of
I I
similar offences of taking a conveyance without authority,
forgery of documents under the Road Traffic Ordinance and
J J
driving without a licence and without third party insurance in
K
the past. K
L 10. In sentencing each of you, I take into account all that L
has been said on your respective behalves by way of mitigation,
M in particular your pleas of guilty. M
N N
11. With regard to you, D1, on Charge 5 there are no
sentencing guidelines with regard to possession of stun guns.
O O
Whilst I am satisfied that there is no evidence that you,
P yourself intended to use the stun guns for an unlawful purpose, P
you were aware of the contents of the shoulder bag which
Q included, amongst other things, nylon stockings, surgical masks, Q
adhesive tape, gloves and electrical wire. Whilst you were a
R R
custodian of these items, you can have been in little doubt as
to the purposes for which the stun guns were intended.
S S
T 12. On Charge 5, I take a starting point of 2½ years’ T
imprisonment. I will reduce this by a one-third to take account
U U
CRT24/12.5.2011/TS 3 DCCC297/2011/Sentence
V V
A A
of your plea of guilty, coming to 20 months’ imprisonment on
Charge 5.
B B
C 13. On Charge 6, I adopt a starting point of 12 months’ C
imprisonment. I will similarly reduce this by a one-third to
D take account of your plea of guilty, coming to 8 months’ D
imprisonment, which I order to run concurrently to Charge 5.
E E
14. On Charge 7, I impose a sentence of a one month
F F
imprisonment. This is ordered to run consecutively to the
G sentence on Charge 5, arriving at a total sentence in your case G
of 21 months’ imprisonment in all.
H H
15. With regard to you, D2, on Charges 1 and 2, I adopt a
I I
starting point of 18 months’ imprisonment, which I will reduce
by one-third to reflect your pleas of guilty, coming to
J J
12 months’ imprisonment on Charges 1 and 2. I order these
K
sentences to run concurrently with each other. K
L 16. With regard to Charge 3, this is your second offence L
for driving without a valid driving licence. The maximum
M sentence is therefore increased from one of 3 months’ M
imprisonment to 6 months’ imprisonment. I adopt a starting point
N N
of 3 months’ imprisonment but will reduce it to 2 months’ to
take account of your plea.
O O
P 17. On Charge 4, once again this is the second such P
occasion that you have been convicted of this offence. You had
Q no insurance to drive this motorcycle that you stole some two Q
weeks beforehand, therefore posing considerable risk to the road
R R
using public. I adopt a starting point of 9 months’ imprisonment
in relation to Charge 4 but will reduce this to 6 months to take
S S
account of your plea of guilty.
T T
18. With regard to the sentences on Charges 3 and 4, I
U order them to run concurrently with each other but consecutively U
CRT24/12.5.2011/TS 4 DCCC297/2011/Sentence
V V
A A
to the sentences on Charges 1 and 2, arriving at an overall
sentence of 18 months’ imprisonment.
B B
C 19. In addition to the sentence of 6 months’ imprisonment C
on Charge 4, I order that you be disqualified from holding or
D obtaining a driving licence in respect of all classes of D
vehicles for a period of 18 months.
E E
F F
G G
H H
H H Judge Geiser
I District Judge I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT24/12.5.2011/TS 5 DCCC297/2011/Sentence
V V
A A
DCCC297/2011
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 297 OF 2011
C C
----------------------
D D
HKSAR
E v. E
Lau Shun-mau (D1)
F Chan Ka-hang Ray (D2) F
G ----------------------- G
Before: H H Judge Geiser
H Date: 12 May 2011 at 10.01 am H
Present: Ms Winsome Chan, SPP of the Department of Justice, for
HKSAR
I Mr Yaddy Cheung of Yaddy Cheung & Co., assigned by the I
Director of Legal Aid, for the 1st and 2nd Defendant
J Offence: (1) Theft (盜竊罪) J
(2) Forgery of document (偽造文件)
(3) Driving without a valid driving licence (駕駛時無有
K K
效駕駛執照)
(4) Using a motor vehicle without third party
L insurance (沒有第三者保險而使用汽車) L
(5) Possession of arms without a licence (無牌管有槍械)
M (6) Possession of an offensive weapon (在公眾地方管有攻擊 M
性武器)
(7) Assaulting a police officer (襲擊警務人員)
N N
---------------------
O O
Reasons for Sentence
P --------------------- P
1. D1, you have pleaded guilty to three charges, those
Q Q
being possession of arms without a licence, the arms being two
R stun guns, contrary to section 13(1) and (2) of the Firearms and R
Ammunition Ordinance, Cap.238, that is Charge 5; possession of
S an offensive weapon, namely a knife, in a public place, contrary S
to section 33(1) of the Public Order Ordinance, Cap.245, that is
T T
Charge 6; and assaulting a police officer, contrary to section
36(b), of the Offences against the Person Ordinance, Cap.212,
U U
that is Charge 7.
CRT24/12.5.2011/TS 1 DCCC297/2011/Sentence
V V
A A
2. D2, you have pleaded guilty to four charges, those
B B
being theft of a motor vehicle, contrary to section 9 of the
C Theft Ordinance, Cap.210, that is Charge 1; forgery of a C
document, contrary to section 111(1)(a) of the Road Traffic
D Ordinance, Cap.374, that is Charge 2; driving without a valid D
driving licence, contrary to section 42(1) and (4) of the Road
E E
Traffic Ordinance, Cap.374, that is Charge 3; and using a motor
vehicle without third party insurance, contrary to section 4(1)
F F
and 4(2)(a) of the Motor Vehicles Insurance (Third Party Risks)
G Ordinance, Cap.272. G
H 3. The Summary of Facts which have given rise to these H
offences and which have been agreed by both of you indicates
I I
that in the very early hours of 25 January of this year, police
observed you leaving the premises at No. 73 Yeung Uk Road, Tsuen
J J
Wan. Some two hours later they saw you arriving back at the
K
building, you, D2, driving a motorcycle bearing the false number K
plate and you, D1, a passenger on the motorbike.
L L
4. When the police intercepted you D1, you put up a
M struggle by bumping and kicking the officer causing abrasions to M
his hands.
N N
5. Your black shoulder bag was searched and a number of
O O
items were found which included the two stun guns, the subject
P matter of Charge 5, and a flick knife, the subject matter of P
Charge 6. You told the police that your friend had asked you to
Q collect the items for him and keep them in your custody for a Q
reward of $500.
R R
6. Further enquiries of the police revealed that the
S S
registration of the motorcycle should have been NK9088 and that
T it had been stolen sometime between 7th and 9 January 2011. T
U U
CRT24/12.5.2011/TS 2 DCCC297/2011/Sentence
V V
A A
7. You, D2, later told the police that you had stolen this
vehicle some two weeks beforehand at Tsuen Wan West MTR station
B B
for your own use and you ordered a number plate and attached it
C to the stolen vehicle. It was further discovered that you, D2, C
do not hold a valid driving licence nor was there any third
D party insurance in relation to the vehicle. D
E E
8. You, D1, are 43 years of age and have a number of
previous convictions, the last of which was in July 2010 when
F F
you were sent to DATC in relation to three offences of theft.
G G
9. You, D2, are also no stranger to breaking the law. You
H have 12 previous convictions which relate to 27 separate H
offences. I note in particular that you have been convicted of
I I
similar offences of taking a conveyance without authority,
forgery of documents under the Road Traffic Ordinance and
J J
driving without a licence and without third party insurance in
K
the past. K
L 10. In sentencing each of you, I take into account all that L
has been said on your respective behalves by way of mitigation,
M in particular your pleas of guilty. M
N N
11. With regard to you, D1, on Charge 5 there are no
sentencing guidelines with regard to possession of stun guns.
O O
Whilst I am satisfied that there is no evidence that you,
P yourself intended to use the stun guns for an unlawful purpose, P
you were aware of the contents of the shoulder bag which
Q included, amongst other things, nylon stockings, surgical masks, Q
adhesive tape, gloves and electrical wire. Whilst you were a
R R
custodian of these items, you can have been in little doubt as
to the purposes for which the stun guns were intended.
S S
T 12. On Charge 5, I take a starting point of 2½ years’ T
imprisonment. I will reduce this by a one-third to take account
U U
CRT24/12.5.2011/TS 3 DCCC297/2011/Sentence
V V
A A
of your plea of guilty, coming to 20 months’ imprisonment on
Charge 5.
B B
C 13. On Charge 6, I adopt a starting point of 12 months’ C
imprisonment. I will similarly reduce this by a one-third to
D take account of your plea of guilty, coming to 8 months’ D
imprisonment, which I order to run concurrently to Charge 5.
E E
14. On Charge 7, I impose a sentence of a one month
F F
imprisonment. This is ordered to run consecutively to the
G sentence on Charge 5, arriving at a total sentence in your case G
of 21 months’ imprisonment in all.
H H
15. With regard to you, D2, on Charges 1 and 2, I adopt a
I I
starting point of 18 months’ imprisonment, which I will reduce
by one-third to reflect your pleas of guilty, coming to
J J
12 months’ imprisonment on Charges 1 and 2. I order these
K
sentences to run concurrently with each other. K
L 16. With regard to Charge 3, this is your second offence L
for driving without a valid driving licence. The maximum
M sentence is therefore increased from one of 3 months’ M
imprisonment to 6 months’ imprisonment. I adopt a starting point
N N
of 3 months’ imprisonment but will reduce it to 2 months’ to
take account of your plea.
O O
P 17. On Charge 4, once again this is the second such P
occasion that you have been convicted of this offence. You had
Q no insurance to drive this motorcycle that you stole some two Q
weeks beforehand, therefore posing considerable risk to the road
R R
using public. I adopt a starting point of 9 months’ imprisonment
in relation to Charge 4 but will reduce this to 6 months to take
S S
account of your plea of guilty.
T T
18. With regard to the sentences on Charges 3 and 4, I
U order them to run concurrently with each other but consecutively U
CRT24/12.5.2011/TS 4 DCCC297/2011/Sentence
V V
A A
to the sentences on Charges 1 and 2, arriving at an overall
sentence of 18 months’ imprisonment.
B B
C 19. In addition to the sentence of 6 months’ imprisonment C
on Charge 4, I order that you be disqualified from holding or
D obtaining a driving licence in respect of all classes of D
vehicles for a period of 18 months.
E E
F F
G G
H H
H H Judge Geiser
I District Judge I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT24/12.5.2011/TS 5 DCCC297/2011/Sentence
V V