A A
DCCC644/2011
B B
IN THE DISTRICT COURT OF THE
C HONG KONG SPECIAL ADMINISTRATIVE REGION C
CRIMINAL CASE NO. 644 OF 2011
D D
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E E
HKSAR
F F
v.
G Chen Tien-en G
H ----------------------- H
I Before: H H Judge Yiu I
Date: 27 July 2011 at 12.18 pm
Present: Ms Lisa Go, PP of the Department of Justice, for HKSAR
J J
Ms Lam Pui King of Lam Pui King & Co., assigned by the Director of
Legal Aid, for the Defendant
K K
Offence: (1) Attempted robbery (企圖搶劫罪)
(2) Remaining in Hong Kong without the authority of the Director of
L Immigration after having landed unlawfully in Hong Kong (在香港非 L
法入境後未得入境事務處處長授權而留在香港)
M M
N --------------------- N
O Reasons for Sentence O
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P P
Q Q
1. Defendant pleaded guilty to the charges of attempted robbery and
R remaining in Hong Kong unlawfully, contrary to section 10 of the Theft Ordinance R
and section 38(1)(b) of the Immigration Ordinance.
S S
T 2. The facts were that in the afternoon of 22 May 2011, police officer T
spotted the defendant acting furtively at the rear lane of a money exchange shop in
U U
Tsuen Wan.
CRT28/27.7.2011/TS 1 DCCC644/2011/Sentence
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A A
B 3. Upon search, an axe (38 cm long with a blade of 7 cm in length) was B
found strapped around the defendant’s waist. Upon enquiry, the defendant
C C
admitted coming to Hong Kong unlawfully by crossing the hill in Sha Tau Kok
D and he had picked up the axe at the hillside and he intended to use it for robbery. D
He waited for the shop to open and intended to rob it.
E E
F 4. The defendant aged 24, he has 10 previous criminal convictions with 7 F
of illegal remaining from 1998 to 2009, where on the last two occasions in 2007
G G
and 2009 he had been sentenced to 2 years’ imprisonment respectively on his own
H plea as confirmed by Ms Lam for the defendant. For the other three offences, two H
of possession of imitation firearm and one of possession of offensive weapon.
I I
J 5. Ms Lam submitted that the defendant is an orphan living alone in J
China, unemployed and unskilled, solely on economic reason he came to Hong
K K
Kong to find opportunity. Ms Lam further says, the defendant did not brandish
L nor use the axe and he admitted the offence at the earliest moment. L
M M
6. Robbery is a very serious offence, in R v Mo Kwong Sang [1981]
N HKLR 610, it was held that the appropriate sentence where the accused was N
carrying a knife or other dangerous weapon, which he displayed to his victim
O O
should normally be 5 years’ imprisonment. In the present case, the axe in
P question was large and could be very dangerous when in use. However, the P
defendant did not display it nor the offence fully committed.
Q Q
R 7. Considering all the circumstances, I see it appropriate to adopt a R
starting point of 3½ years’ imprisonment. Upon his guilty plea I reduce it to 28
S S
th
months. For the charge of illegal remaining, it was the 8 occasion, the past
T sentence apparently has no deterrence effect on him. According to HKSAR v T
Chan Pui Chi [1999] 2 HKLRD 830, a higher starting point shall be adopted.
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CRT28/27.7.2011/TS 2 DCCC644/2011/Sentence
V V
A A
Nonetheless, considering the background circumstances, I will also sentence him
B to 2 years’ imprisonment upon his guilty plea. B
C C
8. Finally, on totality principle, although both offences are separate and
D distinct. Given his full cooperation and full admission to the police and all the D
circumstances, I see the total sentence of two charges for 40 months’ imprisonment
E E
appropriate:
F Charge 1, 28 months; F
Charge 2, 24 months with 12 of which be run concurrently with the 1st charge;
G G
The total sentence is 40 months’ imprisonment.
H H
I I
(Yiu)
J
District Judge J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
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CRT28/27.7.2011/TS 3 DCCC644/2011/Sentence
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