A A
B B
DCCC 616/2009
C IN THE DISTRICT COURT OF THE C
HONG KONG SPECIAL ADMINISTRATIVE REGION
D CRIMINAL CASE NO. 616 OF 2009 D
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E HKSAR E
v
F F
VU Trong-huynh
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G G
Coram: Deputy District Judge Dufton in Court
Date of Plea: 4 August 2009
H H
Date of Sentence: 7 August 2009
Present: Mr Winston Chan SPP for the Department of Justice
I Mr. Peter Wong assigned by DLA for the Defendant. I
Charge: (1) Robbery(搶劫罪)
J (2) Unlawful remaining(在香港非法入境後未得入境事務處處長授權 J
而留在香港)
K K
REASONS FOR SENTENCE
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1. The defendant pleads guilty to one charge of robbery, contrary to
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section 10 of the Theft Ordinance, Chapter 210 and one charge of
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remaining in Hong Kong without authority having landed unlawfully, N
contrary to section 38(1)(b) of the Immigration Ordinance, Chapter 115.
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P 2. In summary on the 11th May at around 19:50 Madam Lam and her P
daughter, aged two and a half, were walking along Boundary Street when
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suddenly the defendant pushed Madam Lam to the ground and snatched
R her handbag. The defendant then fled along Tung Choi Street. Mr Yip, a R
passer by, on hearing Madam Lam shout for help, chased after the
S S
defendant and together with two off duty police officers, was able to
T subdue the defendant and recover Madam Lam’s handbag. Mr Yip T
should be commended for his actions in helping to apprehend the robber.
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A A
B B
3. Under caution the defendant admitted committing the robbery
C because he wanted money to buy food having sneaked into Hong Kong C
from Vietnam by speedboat four days earlier. Since arriving in Hong
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Kong the defendant said he had wandered around during the daytime and
E slept under a bridge at night. E
F F
4. In passing sentence I have carefully considered everything said on
G the defendant’s behalf by Mr Wong together with the letter submitted by G
the defendant. I take into account the defendant came to Hong Kong
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hoping to find work to support his family in Vietnam and that he
I committed robbery because he was hungry and had no money to buy food. I
J J
Robbery
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5. The defendant was found in possession of a folding knife. Although
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this was in his hand at the time of apprehension there is no evidence that
M the defendant used or displayed the knife in the course of the robbery. M
I therefore proceed to sentence the defendant on the basis this was an
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unarmed robbery.
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6. The starting point for unarmed robbery is generally no more than
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4 years imprisonment, see for example HKSAR v TING Chiu [2003]
Q 3 HKLRD 378 as applied in HKSAR v LAM Ka-hung CACC 294/2003. Q
I have also considered the cases submitted by Mr Wong namely, HKSAR
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v ON ling CACC 386/2004; HKSAR v CHAN Sin-leung CACC 48/2006
S and HKSAR v TSANG Wai-ming CACC 288/2006. As Mr Wong S
accepts each case is however to be decided upon its own particular facts
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and circumstances.
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3
A A
B B
7. I do not accept this is a case akin to snatching for which a theft
C charge could have been laid. Whilst minimal violence was used Madam C
Lam was nevertheless pushed to the ground and her handbag snatched.
D D
Furthermore the defendant chose a vulnerable target. Madam Lam
E having to look after a young child, aged two and a half, was most unlikely E
to resist or put up a struggle or run after the defendant leaving her
F F
daughter behind. I am satisfied the proper starting point after trial is
G 4 years imprisonment. Giving the defendant full credit for his plea of G
guilty he is sentenced to 2 years and 8 months imprisonment.
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I Illegally remaining in Hong Kong I
J J
8. In R v. SO Man-king [1989] 1 HKLR 142 the Court of Appeal held
K that allowing for a plea of guilty a sentence of 15 months imprisonment K
should be used as the basic guideline unless there are strong humanitarian
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considerations to depart therefrom. Whilst I sympathise with the
M defendant as to his poor family circumstances in Vietnam I do not regard M
this as a strong humanitarian ground whereby I can depart from the
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guideline. The defendant is sentenced to 15 months imprisonment.
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9. Unlawfully remaining is separate and distinct from the robbery
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charge (see HKSAR v. TONG Fuk-sing [1999] 3 HKLRD 710). I order
Q the sentences to be served consecutive. I am satisfied a total sentence of Q
3 years and 11 months imprisonment properly reflects the defendant’s
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criminal culpability on these two charges.
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T T
(D. J. DUFTON)
Deputy District Judge
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