A HCCC 292/2023 A
[2024] HKCFI 891
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 292 OF 2023
D ----------------- D
HKSAR
E E
v
F F
Law Cheuk-yin
G ----------------- G
Before: Hon Barnes J
H Date: 5 March 2024 at 9.36 am H
Present: Mr Lee Cheuk-wing Marcus, SPP of the Department of
I
Justice, for HKSAR I
Mr Dick K F Lee and Mr Lai Ho-yeung, instructed by Howell
& Co, for the accused
J Offence: (1) Kidnapping (綁架) J
(2) Robbery (搶劫罪)
K K
---------------------------------
Transcript of the Audio Recording
L L
of the Sentence in the above Case
---------------------------------
M M
COURT: The defendant, Law Cheuk-yin, was charged with the
N following two charges, one is kidnapping, contrary to Common N
Law and punishable under section 101I of the Criminal
Procedure Ordinance, Chapter 221, that is the 1st count and
O the 2nd count is robbery, contrary to section 10 of the Theft O
Ordinance, Chapter 210. The defendant pleaded guilty before
a magistrate and was committed to the Court of First Instance
P of the High Court for sentence. P
Q Now the facts admitted by the defendant. Q
The facts admitted by the defendant disclosed that on 28 March
R 2021, the victim, X, was lured to board a 7-seater vehicle R
driven by the defendant. There were two other males, we will
call them, M1 and M2, on board the vehicle who assaulted X
S S
when the defendant was driving. X was taken to the Shing Mun
Country Park and he was not allowed to leave. X was made to
T kneel down and was interrogated by the defendant and one of T
the males, M1.
U U
CRT22/5.3.2024/TB 1 HCCC 292/2023(1)/Sentence
V V
A The defendant and M1 accused X to have conspired with someone A
nicknamed ‘Four-Eye’ to cheat the defendant. The defendant
hit X with a one-metre long plastic rod and M1 used a metal
B rod of similar length to hit X. X was hit on his head and B
four limbs. X was then ordered to remove all his clothes and
defendant and M1 continued to hit X’s head and limbs. X’s
C C
head bled as a result.
D Defendant threatened X to disclose the whereabouts of Four- D
Eye, otherwise X would die on the street. After, the defendant
and the two males took cash, $4,000, one Samsung mobile phone,
E one bank card, and X’s ID card from him. E
X was given two days to surrender Four-Eye otherwise X would
F F
die and “wait for others to collect his corpse”. X was then
driven to Kwai Chung Road and told to get off. The whole
G incident lasted around three hours. In the course of the G
incident, M2 took at least two videos.
H X was taken to the hospital and he suffered from the H
following: one-centimetre scalp laceration and scalp
I
haematoma; right little finger fracture; right ring finger I
laceration; and multiple abrasion and bruises on his limbs.
X was discharged from the hospital on the next day.
J J
The defendant was arrested on 14 April 2021. Two videos
related to this incident were retrieved from the defendant’s
K mobile phone. Video 1 captured X squatted down with blood K
from his head. Defendant and M1 each held a rod-like object,
L both were asking X about X’s bank account. Defendant hit X’s L
left arm once while M1 hit X’s right arm and leg.
M Video 2 captured X being naked and looking scared. And he M
was squatting and his head was bleeding, and defendant and M1
repeatedly hit X’s limb with their weapons. They accused X
N as conspiring with Four-Eye to cheat the defendant. X N
promised he would surrender Four-Eye to defendant and M1
O within two days. O
Psychological report on the victim
P P
According to a report dated 6 February 2024 by a clinical
psychologist who had interviewed the victim on the same day,
Q Q
almost three years after the traumatic incident, X manifests
chronic and significant symptoms of post-traumatic stress.
R He is fearful and confines himself at home most of the time, R
giving up social gatherings.
S He was taken care of by his girlfriend. He had nightmares S
and flashbacks of the incident. He thought he would die
during the incident as he was hit by a metal rod and he was
T T
alone and helpless during the attack. X still needs to wear
a brace on his right hand. He was unable to overcome his
U U
CRT22/5.3.2024/TB 2 HCCC 292/2023(1)/Sentence
V V
A fear of venturing outside. He would benefit from A
psychotherapy targeting his post-traumatic stress symptoms.
B Background and Mitigation B
The defendant was born in December 1979, so he is now 44 years
C C
of age. He is not a first offender. He has seven previous
convictions, four of them were for possession of dangerous
D drugs, the other three related to driving offences. For the D
drug-related offences, he was fined and put on probation order
for 15 months and was given a gaol sentence of 3 months,
E suspended for 12 months. E
According to the antecedents statement, the defendant was
F F
educated up to Secondary 3 level and was unemployed at the
time of the offence.
G G
In mitigation, his counsel, Mr Dick Lee submitted that prior
to his arrest, the defendant worked as a lorry driver earning
H about $26,000 a month. I should add that actually, Mr Dick H
Lee is assisted by Mr Lai Ho-yeung, counsel.
I I
The defendant was the primary carer of his parents before his
remand. He and his ex-wife had a 9-year-old son, currently
J living with his parents. His father had worked to support J
the family.
K Both counsel submitted that while the defendant did not have K
a clear record, his previous records are mostly related to
L possession of dangerous drugs and questionable driving L
manner. There was no previous conviction of violence or
dishonesty. The defendant urges this Court to attach no or
M little weight to those records. M
The defendant came from a religious background and since his
N remand, he got in touch with Christianity again. He took N
part in a life-changing certificate course organised by the
O Christian Prison Pastoral Association Limited. He became a O
devout Christian and wishes to give back to the society
including registering as an organ donor and becoming a regular
P blood donor. P
Mr Lee submitted that the defendant had been a keen volunteer
Q Q
all along and has obtained different awards before his arrest.
The defendant had been in remand for almost 3 years and he
R had been reflecting on his own blunder since his arrest. The R
defendant had written to this Court and I will refer to his
letter shortly.
S S
Defence counsel submitted that the defendant is truly
remorseful and regretted his misdeed. The defendant is also
T T
grateful for the support of his girlfriend and his family as
demonstrated by letters from his siblings.
U U
CRT22/5.3.2024/TB 3 HCCC 292/2023(1)/Sentence
V V
A Referring to the circumstances of this case, defence counsel A
conceded that the kidnapping was a planned scheme involving
the defendant and two others. However, the weapons used were
B not prepared beforehand but being found at the scene. B
Both counsel accepted that there are or there were aggravating
C C
factors regarding the kidnapping charge. Threats were made
to the victim, victim told to take off all his clothes, videos
D were taken during the incident one of which showed that he D
was being naked, and also the victim was suffering from post-
traumatic stress symptoms.
E E
Defence counsel submitted that the incident spanned for about
three hours and the victim would be benefitted from
F F
psychotherapy if he is willing to do so. The kidnapping does
not sit at the most serious end of the spectrum. The
G defendant asked this Court to adopt the lower starting point. G
As to the robbery charge, after referring to the well-known
H case of Mo Kwong Sang, defence counsel conceded that violence H
was used against the victim, threats were made and there were
I
a total of three offenders, and also he was told to take off I
his clothes and videoed.
J Defence counsel submitted that the incident did not start out J
as a robbery, meaning that the defendant and his accomplices
did not set out to rob the victim. During their interrogation
K of the victim, they saw the opportunity and took the money K
and mobile phone from the victim. Defence counsel again asks
L this Court to be as lenient as possible. L
Finally, in relation to totality, defence counsel submitted
M that the circumstances of this case is different from that in M
the case of HKSAR v Yang Chao. In that case, the Court of
Appeal agreed with the prosecution that robbery and kidnapping
N for ransom were different in nature warranting partial N
consecutive sentences. In that particular case, the
O appellant and other culprits broke into a couple’s house, O
threatened them with knives and forced them to leave the
house. The husband was kidnapped while the wife was
P instructed to buy valuables and withdraw money from ATM for P
her husband’s release.
Q Q
Defence counsel submitted that the present case is different
in that the robbery happened where the kidnapping happened.
R So the two offences were committed in the course of the same R
transaction and invited this Court to pass concurrent
sentence.
S S
Letter from the defendant
T T
The defendant expressed his deep regret for having committed
these serious offences, causing pain and suffering to those
U he loved and not being able to watch his son growing up. U
CRT22/5.3.2024/TB 4 HCCC 292/2023(1)/Sentence
V V
A He has rediscovered Christianity and after having attained A
certificate for working in the construction and hygiene
business, he vowed to start afresh and be a responsible son
B and father. B
The defendant said while in remand, he was chosen to assist
C C
CSD officers regarding inmates’ daily lives and helping new
inmates to assimilate into life in custody, which helps him
D in developing leadership skills and re-establish his sense of D
responsibility. He begged this Court to pass a lenient
sentence.
E E
The defendant’s siblings also wrote to Court. The defendant
was described as a filial son and a helpful and polite person.
F F
The defendant’s sister said the family would always support
the defendant. The defendant’s brother emphasised how
G indispensable the defendant was to his family being the one G
who took care of their parents and his own son. Both begged
this Court to pass a lenient sentence.
H H
Consideration of the sentence
I I
For the offence of kidnapping, contrary to Common Law and
punishable under section 101I of the Criminal Procedure
J Ordinance, Chapter 221, a person convicted of this indictable J
offence is liable to imprisonment for 7 years and a fine.
K For the offence of robbery, contrary to section 10(1) and (2) K
of the Theft Ordinance, Chapter 210, a person convicted of
L this offence on indictment is liable to imprisonment for life. L
I will first deal with the kidnapping offence. As considered
M by the defence, there are many aggravating features. The M
defendant acted together with two other persons to kidnap X.
After bringing X to a remote area at a country park, X was
N assaulted by rods, a plastic one held by the defendant and a N
metal one held by M1. X was accused of having cheated the
O defendant and was forced to own up the whereabouts of another O
person nicknamed, Four-Eye. X was further humiliated by being
ordered to remove all his clothes. He was again assaulted by
P rods while he was naked. He was hit on the head drawing blood P
and he was also hit on his limbs.
Q Q
Videos of X being assaulted were made, one showing his naked
body. The whole ordeal took about three hours. X still
R suffers from significant post-traumatic stress symptoms and R
is unable to live a normal social life.
S Having considered all the circumstances of this kidnapping S
and how this incident still haunts and greatly affects X’s
life, I am of the view that a starting point of 6 years is
T T
appropriate.
U U
CRT22/5.3.2024/TB 5 HCCC 292/2023(1)/Sentence
V V
A X was robbed of $4,000, one mobile phone valued at $7,000, A
his identity card and his bankcard during the kidnapping
incident.
B B
Although the defendant and M1 did not use any knives during
the robbery and the plastic rod used by the defendant might
C C
not amount to a dangerous weapon, the fact that M1 was acting
together with the defendant used a one-metre long metal rod
D to assault X, in particular on X’s head, causing bleeding. I D
am of the view that the guidelines set down in the case of Mo
Kwong Sang is applicable here, as the metal rod is a dangerous
E weapon. E
The defendant was acting in concert with others. There is no
F F
evidence that the bank card had been used by the defendant or
his co-culprits. However, one can imagine the inconvenience
G caused to X having to have his ID card and bank card replaced. G
Having considered all the circumstances of the robbery, I am
H of the view that a starting point of 7 years is appropriate. H
The defendant is not a man with a clear record. Four of the
I
seven previous convictions were for possession of dangerous I
drugs.
J Whilst I do not intent to increase the starting point on J
account of the defendant’s previous convictions, such
convictions cancel out his previous good behaviour in doing
K voluntary work. In other words, I will not increase or K
decrease the starting point stated.
L L
So the defendant pleaded guilty at the earliest available
opportunity and is entitled to a one-third discount. For the
M offence of kidnapping with a one-third discount, the sentence M
is 4 years. For the offence of robbery with a one-third
discount, the sentence is one of 4 years and 8 months.
N N
Totality
O O
Although the kidnapping and the robbery occurred in the same
incident, they are two separate offences and a completely
P concurrent sentence would be wrong in principle, see the P
paragraph 4.5 of the case HKSAR v Yang Chao.
Q Q
While I agree with the defence counsel that the circumstances
of the present case is not the same as those in Yang Chao, I
R do not agree a completely concurrent sentence is warranted R
here.
S Having considered the totality principle, I am of the view S
that a total sentence of 6 years would probably reflect the
criminality involved. Such a sentence would be equivalent to
T T
an overall starting point of 9 years.
U U
CRT22/5.3.2024/TB 6 HCCC 292/2023(1)/Sentence
V V
A I appreciate the defendant’s parents and son need his support, A
however, the defendant must bear the consequence of having
committed such serious crimes. His personal circumstances
B are not such that I would consider reducing an appropriate B
sentence.
C C
So to achieve this result, 2 years of the sentence for the
robbery will be served at the expiration of the 4 years
D imposed for the kidnapping offence. D
Actual sentence
E E
1st count, kidnapping, 4 years’ imprisonment. 2nd count,
robbery, 4 years and 8 months, 2 years of which to run at the
F F
expiration of the 4 years imposed on the 1st count, making a
total of 6 years’ imprisonment.
G G
H H
I 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
CRT22/5.3.2024/TB 7 HCCC 292/2023(1)/Sentence
V V
A HCCC 292/2023 A
[2024] HKCFI 891
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 292 OF 2023
D ----------------- D
HKSAR
E E
v
F F
Law Cheuk-yin
G ----------------- G
Before: Hon Barnes J
H Date: 5 March 2024 at 9.36 am H
Present: Mr Lee Cheuk-wing Marcus, SPP of the Department of
I
Justice, for HKSAR I
Mr Dick K F Lee and Mr Lai Ho-yeung, instructed by Howell
& Co, for the accused
J Offence: (1) Kidnapping (綁架) J
(2) Robbery (搶劫罪)
K K
---------------------------------
Transcript of the Audio Recording
L L
of the Sentence in the above Case
---------------------------------
M M
COURT: The defendant, Law Cheuk-yin, was charged with the
N following two charges, one is kidnapping, contrary to Common N
Law and punishable under section 101I of the Criminal
Procedure Ordinance, Chapter 221, that is the 1st count and
O the 2nd count is robbery, contrary to section 10 of the Theft O
Ordinance, Chapter 210. The defendant pleaded guilty before
a magistrate and was committed to the Court of First Instance
P of the High Court for sentence. P
Q Now the facts admitted by the defendant. Q
The facts admitted by the defendant disclosed that on 28 March
R 2021, the victim, X, was lured to board a 7-seater vehicle R
driven by the defendant. There were two other males, we will
call them, M1 and M2, on board the vehicle who assaulted X
S S
when the defendant was driving. X was taken to the Shing Mun
Country Park and he was not allowed to leave. X was made to
T kneel down and was interrogated by the defendant and one of T
the males, M1.
U U
CRT22/5.3.2024/TB 1 HCCC 292/2023(1)/Sentence
V V
A The defendant and M1 accused X to have conspired with someone A
nicknamed ‘Four-Eye’ to cheat the defendant. The defendant
hit X with a one-metre long plastic rod and M1 used a metal
B rod of similar length to hit X. X was hit on his head and B
four limbs. X was then ordered to remove all his clothes and
defendant and M1 continued to hit X’s head and limbs. X’s
C C
head bled as a result.
D Defendant threatened X to disclose the whereabouts of Four- D
Eye, otherwise X would die on the street. After, the defendant
and the two males took cash, $4,000, one Samsung mobile phone,
E one bank card, and X’s ID card from him. E
X was given two days to surrender Four-Eye otherwise X would
F F
die and “wait for others to collect his corpse”. X was then
driven to Kwai Chung Road and told to get off. The whole
G incident lasted around three hours. In the course of the G
incident, M2 took at least two videos.
H X was taken to the hospital and he suffered from the H
following: one-centimetre scalp laceration and scalp
I
haematoma; right little finger fracture; right ring finger I
laceration; and multiple abrasion and bruises on his limbs.
X was discharged from the hospital on the next day.
J J
The defendant was arrested on 14 April 2021. Two videos
related to this incident were retrieved from the defendant’s
K mobile phone. Video 1 captured X squatted down with blood K
from his head. Defendant and M1 each held a rod-like object,
L both were asking X about X’s bank account. Defendant hit X’s L
left arm once while M1 hit X’s right arm and leg.
M Video 2 captured X being naked and looking scared. And he M
was squatting and his head was bleeding, and defendant and M1
repeatedly hit X’s limb with their weapons. They accused X
N as conspiring with Four-Eye to cheat the defendant. X N
promised he would surrender Four-Eye to defendant and M1
O within two days. O
Psychological report on the victim
P P
According to a report dated 6 February 2024 by a clinical
psychologist who had interviewed the victim on the same day,
Q Q
almost three years after the traumatic incident, X manifests
chronic and significant symptoms of post-traumatic stress.
R He is fearful and confines himself at home most of the time, R
giving up social gatherings.
S He was taken care of by his girlfriend. He had nightmares S
and flashbacks of the incident. He thought he would die
during the incident as he was hit by a metal rod and he was
T T
alone and helpless during the attack. X still needs to wear
a brace on his right hand. He was unable to overcome his
U U
CRT22/5.3.2024/TB 2 HCCC 292/2023(1)/Sentence
V V
A fear of venturing outside. He would benefit from A
psychotherapy targeting his post-traumatic stress symptoms.
B Background and Mitigation B
The defendant was born in December 1979, so he is now 44 years
C C
of age. He is not a first offender. He has seven previous
convictions, four of them were for possession of dangerous
D drugs, the other three related to driving offences. For the D
drug-related offences, he was fined and put on probation order
for 15 months and was given a gaol sentence of 3 months,
E suspended for 12 months. E
According to the antecedents statement, the defendant was
F F
educated up to Secondary 3 level and was unemployed at the
time of the offence.
G G
In mitigation, his counsel, Mr Dick Lee submitted that prior
to his arrest, the defendant worked as a lorry driver earning
H about $26,000 a month. I should add that actually, Mr Dick H
Lee is assisted by Mr Lai Ho-yeung, counsel.
I I
The defendant was the primary carer of his parents before his
remand. He and his ex-wife had a 9-year-old son, currently
J living with his parents. His father had worked to support J
the family.
K Both counsel submitted that while the defendant did not have K
a clear record, his previous records are mostly related to
L possession of dangerous drugs and questionable driving L
manner. There was no previous conviction of violence or
dishonesty. The defendant urges this Court to attach no or
M little weight to those records. M
The defendant came from a religious background and since his
N remand, he got in touch with Christianity again. He took N
part in a life-changing certificate course organised by the
O Christian Prison Pastoral Association Limited. He became a O
devout Christian and wishes to give back to the society
including registering as an organ donor and becoming a regular
P blood donor. P
Mr Lee submitted that the defendant had been a keen volunteer
Q Q
all along and has obtained different awards before his arrest.
The defendant had been in remand for almost 3 years and he
R had been reflecting on his own blunder since his arrest. The R
defendant had written to this Court and I will refer to his
letter shortly.
S S
Defence counsel submitted that the defendant is truly
remorseful and regretted his misdeed. The defendant is also
T T
grateful for the support of his girlfriend and his family as
demonstrated by letters from his siblings.
U U
CRT22/5.3.2024/TB 3 HCCC 292/2023(1)/Sentence
V V
A Referring to the circumstances of this case, defence counsel A
conceded that the kidnapping was a planned scheme involving
the defendant and two others. However, the weapons used were
B not prepared beforehand but being found at the scene. B
Both counsel accepted that there are or there were aggravating
C C
factors regarding the kidnapping charge. Threats were made
to the victim, victim told to take off all his clothes, videos
D were taken during the incident one of which showed that he D
was being naked, and also the victim was suffering from post-
traumatic stress symptoms.
E E
Defence counsel submitted that the incident spanned for about
three hours and the victim would be benefitted from
F F
psychotherapy if he is willing to do so. The kidnapping does
not sit at the most serious end of the spectrum. The
G defendant asked this Court to adopt the lower starting point. G
As to the robbery charge, after referring to the well-known
H case of Mo Kwong Sang, defence counsel conceded that violence H
was used against the victim, threats were made and there were
I
a total of three offenders, and also he was told to take off I
his clothes and videoed.
J Defence counsel submitted that the incident did not start out J
as a robbery, meaning that the defendant and his accomplices
did not set out to rob the victim. During their interrogation
K of the victim, they saw the opportunity and took the money K
and mobile phone from the victim. Defence counsel again asks
L this Court to be as lenient as possible. L
Finally, in relation to totality, defence counsel submitted
M that the circumstances of this case is different from that in M
the case of HKSAR v Yang Chao. In that case, the Court of
Appeal agreed with the prosecution that robbery and kidnapping
N for ransom were different in nature warranting partial N
consecutive sentences. In that particular case, the
O appellant and other culprits broke into a couple’s house, O
threatened them with knives and forced them to leave the
house. The husband was kidnapped while the wife was
P instructed to buy valuables and withdraw money from ATM for P
her husband’s release.
Q Q
Defence counsel submitted that the present case is different
in that the robbery happened where the kidnapping happened.
R So the two offences were committed in the course of the same R
transaction and invited this Court to pass concurrent
sentence.
S S
Letter from the defendant
T T
The defendant expressed his deep regret for having committed
these serious offences, causing pain and suffering to those
U he loved and not being able to watch his son growing up. U
CRT22/5.3.2024/TB 4 HCCC 292/2023(1)/Sentence
V V
A He has rediscovered Christianity and after having attained A
certificate for working in the construction and hygiene
business, he vowed to start afresh and be a responsible son
B and father. B
The defendant said while in remand, he was chosen to assist
C C
CSD officers regarding inmates’ daily lives and helping new
inmates to assimilate into life in custody, which helps him
D in developing leadership skills and re-establish his sense of D
responsibility. He begged this Court to pass a lenient
sentence.
E E
The defendant’s siblings also wrote to Court. The defendant
was described as a filial son and a helpful and polite person.
F F
The defendant’s sister said the family would always support
the defendant. The defendant’s brother emphasised how
G indispensable the defendant was to his family being the one G
who took care of their parents and his own son. Both begged
this Court to pass a lenient sentence.
H H
Consideration of the sentence
I I
For the offence of kidnapping, contrary to Common Law and
punishable under section 101I of the Criminal Procedure
J Ordinance, Chapter 221, a person convicted of this indictable J
offence is liable to imprisonment for 7 years and a fine.
K For the offence of robbery, contrary to section 10(1) and (2) K
of the Theft Ordinance, Chapter 210, a person convicted of
L this offence on indictment is liable to imprisonment for life. L
I will first deal with the kidnapping offence. As considered
M by the defence, there are many aggravating features. The M
defendant acted together with two other persons to kidnap X.
After bringing X to a remote area at a country park, X was
N assaulted by rods, a plastic one held by the defendant and a N
metal one held by M1. X was accused of having cheated the
O defendant and was forced to own up the whereabouts of another O
person nicknamed, Four-Eye. X was further humiliated by being
ordered to remove all his clothes. He was again assaulted by
P rods while he was naked. He was hit on the head drawing blood P
and he was also hit on his limbs.
Q Q
Videos of X being assaulted were made, one showing his naked
body. The whole ordeal took about three hours. X still
R suffers from significant post-traumatic stress symptoms and R
is unable to live a normal social life.
S Having considered all the circumstances of this kidnapping S
and how this incident still haunts and greatly affects X’s
life, I am of the view that a starting point of 6 years is
T T
appropriate.
U U
CRT22/5.3.2024/TB 5 HCCC 292/2023(1)/Sentence
V V
A X was robbed of $4,000, one mobile phone valued at $7,000, A
his identity card and his bankcard during the kidnapping
incident.
B B
Although the defendant and M1 did not use any knives during
the robbery and the plastic rod used by the defendant might
C C
not amount to a dangerous weapon, the fact that M1 was acting
together with the defendant used a one-metre long metal rod
D to assault X, in particular on X’s head, causing bleeding. I D
am of the view that the guidelines set down in the case of Mo
Kwong Sang is applicable here, as the metal rod is a dangerous
E weapon. E
The defendant was acting in concert with others. There is no
F F
evidence that the bank card had been used by the defendant or
his co-culprits. However, one can imagine the inconvenience
G caused to X having to have his ID card and bank card replaced. G
Having considered all the circumstances of the robbery, I am
H of the view that a starting point of 7 years is appropriate. H
The defendant is not a man with a clear record. Four of the
I
seven previous convictions were for possession of dangerous I
drugs.
J Whilst I do not intent to increase the starting point on J
account of the defendant’s previous convictions, such
convictions cancel out his previous good behaviour in doing
K voluntary work. In other words, I will not increase or K
decrease the starting point stated.
L L
So the defendant pleaded guilty at the earliest available
opportunity and is entitled to a one-third discount. For the
M offence of kidnapping with a one-third discount, the sentence M
is 4 years. For the offence of robbery with a one-third
discount, the sentence is one of 4 years and 8 months.
N N
Totality
O O
Although the kidnapping and the robbery occurred in the same
incident, they are two separate offences and a completely
P concurrent sentence would be wrong in principle, see the P
paragraph 4.5 of the case HKSAR v Yang Chao.
Q Q
While I agree with the defence counsel that the circumstances
of the present case is not the same as those in Yang Chao, I
R do not agree a completely concurrent sentence is warranted R
here.
S Having considered the totality principle, I am of the view S
that a total sentence of 6 years would probably reflect the
criminality involved. Such a sentence would be equivalent to
T T
an overall starting point of 9 years.
U U
CRT22/5.3.2024/TB 6 HCCC 292/2023(1)/Sentence
V V
A I appreciate the defendant’s parents and son need his support, A
however, the defendant must bear the consequence of having
committed such serious crimes. His personal circumstances
B are not such that I would consider reducing an appropriate B
sentence.
C C
So to achieve this result, 2 years of the sentence for the
robbery will be served at the expiration of the 4 years
D imposed for the kidnapping offence. D
Actual sentence
E E
1st count, kidnapping, 4 years’ imprisonment. 2nd count,
robbery, 4 years and 8 months, 2 years of which to run at the
F F
expiration of the 4 years imposed on the 1st count, making a
total of 6 years’ imprisonment.
G G
H H
I 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
CRT22/5.3.2024/TB 7 HCCC 292/2023(1)/Sentence
V V