區域法院（刑事）Deputy District Judge K Lo19/6/2024[2024] HKDC 1017
DCCC1115/2023
A A
B B
DCCC 1115/2023
C [2024] HKDC 1017 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1115 OF 2023
F F
G ----------------------------------- G
HKSAR
H H
v
I LEE KWAI HEUNG I
-----------------------------------
J J
K Before: Deputy District Judge K Lo K
Date: 20 June 2024
L L
Present: Mr Tan Xiao Yi Ivan, Public Prosecutor, for HKSAR
M Mr Chan Ging Man Robert, instructed by Vitus Lawyers, M
assigned by the Director of Legal Aid, for the Defendant
N N
Offences: [1] Attempted robbery (企圖搶劫罪)
O O
[2] Assaulting a police officer in the execution of his duty (襲
P 擊執行職責的警務人員) P
[3] & [4] Resisting a police officer in the execution of his duty
Q Q
(抗拒執行職責的警務人員)
R R
[5] Driving without a valid driving licence (駕駛時無有效駕
S 駛執照) S
[6] Driving an unlicensed vehicle (駕駛未領牌車輛)
T T
U U
V V
-2-
A A
B B
[7] Driving a motor cycle not wearing an approved protective
C helmet (駕駛電單車而不將認可防護頭盔戴上) C
[8] Using a motor vehicle without third party insurance (沒有
D D
第三者保險而使用汽車)
E E
F
--------------------------------------------- F
REASONS FOR SENTENCE
G G
---------------------------------------------
H H
1. The defendant is convicted of 8 charges on his own plea and
I I
agreement to Amended Summary of Facts:
J J
(a) attempted robbery, contrary to section 10 of the Theft
K K
Ordinance, Cap 210 and sections 159G and 159J of the
L Crimes Ordinance, Cap 200 (“1st Charge”); L
M M
(b) assaulting a police officer in the execution of his duty,
N contrary to section 63 of the Police Force Ordinance, N
Cap 232 (“2nd Charge”);
O O
P (c) 2 charges of resisting a police officer in the execution P
of his duty, contrary to section 63 of the Police Force
Q Q
Ordinance, Cap 232 (“3 and 4 Charge”);
rd th
R R
(d) driving without a valid driving licence, contrary to
S S
section 42(1) and (4) of the Road Traffic Ordinance,
T Cap 374 (“5th Charge”); T
U U
V V
-3-
A A
B B
(e) driving an unlicensed vehicle, contrary to section
C 52(1)(a) and (10)(a) of the Road Traffic Ordinance, C
Cap 374 (“6 Charge”);
th
D D
E (f) driving a motor cycle not wearing an approved E
protective helmet, contrary to regulation 3(1) of the
F F
Road Traffic (Safety Equipment) Regulations, Cap
G 374F (“7th Charge”); and G
H H
(g) using a motor vehicle without third party insurance,
I contrary to section 4(1) and (2)(a) of the Motor I
Vehicles Insurance (Third Party Risks) Ordinance, Cap
J J
272 (“8th Charge”).
K K
Facts
L L
M 2. At around 12:05 am on 4 June 2023, PW1 was walking alone M
along Man Tung Road, Tung Chung. The defendant was then riding an
N N
electric bicycle and when the defendant approached PW1, he used his right
O hand to grab onto PW1’s handbag with great force for about one to two O
seconds. PW1 actively resisted by holding onto the said handbag. The strap
P P
of the said handbag was thus torn as a result of the physical struggle
Q Q
between the defendant and PW1. PW1 heard someone yelling from behind
R
as the defendant fled the scene without the bag. R
S S
3. The incident was witnessed by SGT 58685 (“PW2”) who was
T
on patrol in the area and had been keeping the defendant under observation T
since 11:45 pm on 3 June 2023 as he saw the defendant was then riding an
U U
V V
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A A
B B
electric bicycle without a helmet and was tailing PW1 from behind. After
C PW2 witnessed the incident, he immediately yelled “police, stop” but the C
defendant did not comply and fled the scene. PW2 chased him from behind.
D D
Two other police officers (PW3 and PW4) also joined in the pursuit on
E foot. E
F F
4. Later, the defendant dismounted from his electric bicycle and
G tried to escape on foot. PW2 then displayed his police warrant card and G
yelled “police, stop”. The defendant used his right fist to hit PW2’s chest.
H H
PW2 immediately restrained the defendant with the help from PW3 and
I PW4. They then revealed their police identity and warned him not to resist, I
but the defendant struggled violently. He was later subdued.
J J
K 5. As a result of the defendant’s assault, PW2 sustained an K
abrasion at his chest in addition to some redness and tenderness. As a result
L L
of the defendant’s violent resist, PW3 and PW4 suffered abrasions at knees,
M and abrasions at right index, middle and ring finger respectively. M
N N
6. Later, the defendant was arrested. Under caution, he admitted
O owning the electric vehicle without a licence, third party insurance or O
helmet.
P P
Q Q
7. Police investigation showed that the defendant was the holder
R
of a driving licence pertaining to private vehicles and light goods vehicles R
at the material time, but he did not possess a valid driving licence for
S S
motorcycles, and that the electric bicycle was not licensed nor was there
T
any valid third party insurance. T
U U
V V
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A A
B B
Criminal record
C C
8. The defendant has 7 previous criminal records involving
D D
convictions of 8 charges, 4 of which related to theft, and one is similar in
E nature to the 3rd and 4th Charge except that it was brought under section 36 E
of the Offences against the Person Ordinance, Cap 212, which may entail
F F
more severe punishment. The defendant does not have any similar traffic
G convictions. G
H H
Mitigation
I I
9. The defendant was born in the Mainland and came to Hong
J J
Kong in 1996. He is now aged 36. He has been educated up to Secondary
K 1 level. He was single and lived with his family in a public housing estate. K
He was unemployed at the time.
L L
M 10. It was admitted that although the defendant has some similar M
convictions in the past, he is not in the category of a persistent or serial
N N
offender. In fact, his previous convictions mainly relates to burglary and
O theft-related. O
P P
st
11. For the 1 Charge, defence counsel said that this was an
Q Q
unsophisticated attempt, the defendant acted alone, no weapon was used
R
and he came to PW1 trying to snatch her bag face-to-face. It was said that R
no injury was caused to PW1 and she did not need to go to hospital. It was
S S
also said that the defendant fled the scene after only a one to two seconds
T
struggle with the victim and this showed that the defendant is not a T
professional robber. It was said that the defendant committed the offence
U U
V V
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A A
B B
because he was in financial difficulty, unable to secure a job after his
C release from prison in April 2023. C
D D
12. Defence counsel admitted that attempted robbery is a serious
E offence and the maximum penalty is life imprisonment. He referred this E
court to cases of HKSAR v Tam Ping Wo Angus, CACC 73/2020, HKSAR
F F
v Law Lee Hung, DCCC 781/2014, and HKSAR v Lee Kam Loi, DCCC
G 409/2009. G
H H
13. Defence counsel said that the present case is not as serious as
I the cases mentioned as PW1 was not grabbed by the neck or pushed to the I
ground, and she did not suffer any injury. He urged this court to adopt a
J J
sentencing starting point of no more than 30 months’ imprisonment for the
K 1st Charge and he asked this court to give the defendant sentencing discount K
by reason of his guilty plea.
L L
M 14. As for the 2nd to 4th Charge, it was said that the defendant acted M
foolishly and that he never meant to injure anyone. Defence counsel said
N N
the police officers only suffered minor abrasion injuries. He referred this
O court to HKSAR v Lo Kong Ho, DCCC 397/2009, HKSAR v Chan Ping O
Kwan, DCCC 270/2013 and the case of Lee Kam Loi as said above. He
P P
urged this court to adopt a sentencing starting point of 3 months in relation
Q to each of the 2nd, 3rd 4th Charge and to reduce them to 2 months’ Q
R
imprisonment given the defendant’s guilty plea. He also urged this court to R
give the defendant concurrent sentence for each of these three charges.
S S
T
15. As for the 7th Charge, it was said that the maximum sentence T
is a fine of HK$5,000 and imprisonment for 3 months. Defence counsel
U U
V V
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A A
B B
said it was the defendant’s first conviction and the defendant did not travel
C far when committing this offence. He urged the court to impose a short C
sentence of imprisonment of a few days as the defendant cannot afford a
D D
fine.
E E
16. As for the 5th and 6th Charge, defence counsel accepted that
F F
the defendant did not have the relevant driving licence although he did have
G a full driving licence covering private vehicles and light goods vehicles, G
and that the defendant does not have any criminal convictions for driving
H H
offences.
I I
17. As for the 8th Charge, the defendant would accept a
J J
disqualification order of 12 months to run from the date of conviction.
K K
18. Defence counsel said that the defendant committed the 5th, 6th
L L
and 8th Charge offences for the first time and that no one was hurt and no
M property was damaged as a result of his commission of these offences. In M
the circumstances, he urged this court to impose a short sentence of
N N
imprisonment for each of these charges and also asked the sentences for
O these charges be served concurrently with each other. O
P P
19. Defence counsel further asked this court to consider the
Q totality principle to ensure that the defendant’s overall sentence is fair and Q
R
commensurate with the criminality involved in this case. He said that R
although the offences in this case are separate and distinct in nature, they
S S
were committed within a relatively short time-frame, which, in effect, he
T
said is a continuous criminal episode. He urged this court to give the T
U U
V V
-8-
A A
B B
defendant a light sentence and that the defendant has vowed not to reoffend
C again. C
D D
Discussion
E E
20. This court has considered carefully the submission by the
F F
defence counsel as well as the authorities cited.
G G
1st Charge
H H
I 21. Any person convicted of this offence upon indictment is liable I
to imprisonment for life. In the case of HKSAR v Wu Yee Ki, CACC
J J
513/2005, it was said that robbery by reason of its nature of offending
K demands an immediate custodial sentence. K
L L
22. The defendant here is a man with 4 previous convictions, not
M similar but theft-related. This is a case of unarmed robbery in a public place M
by a lone robber, late at night, preying on a lone lady walking the street.
N N
O 23. The circumstances under which an unarmed robbery was O
committed varies, from a simple snatching to one coupled with serious
P P
assaults. There is no actual sentencing starting guideline for this unarmed
Q Q
robbery. However, there are previous cases which suggest that in the
R
absence of aggravating features, a sentencing starting point of 4 years’ R
imprisonment appears to be the maximum (HKSAR v Lam Ka Hung,
S S
CACC 294/2003).
T T
U U
V V
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A A
B B
24. In this case, there is no evidence that the victim has suffered
C physical injury, but there was a struggle between the defendant and the C
victim during which the strap of the handbag was torn. This demonstrates
D D
the force exerted whilst the defendant struggled with the victim. The
E struggle also appeared only to stop upon yelling of the police officer E
(PW2). There is no doubt that the victim had been shocked by the incident.
F F
According to PW2, he had been tailing and following the defendant for
G about 20 minutes before the incident occurred. G
H H
25. Considering the circumstances surrounding the commission
I of the offence and the relevant authorities, the court finds that the I
appropriate sentencing starting point would be 3 years’ imprisonment.
J J
K 26. The court finds that the most valid mitigating factor is that of K
the defendant’s guilty plea, for which he is entitled to a full one-third
L L
sentencing discount. Accordingly, the defendant is sentenced to 2 years’
M imprisonment for the 1st Charge. M
N N
2nd, 3rd and 4th Charge
O O
27. For this offence, upon conviction, a person is liable to
P P
imprisonment for 6 months and a fine of HK$5,000.
Q Q
R
28. The victim of the 2nd Charge was hit in the chest one time by R
the defendant using his right fist and he sustained abrasion in the chest in
S S
addition to redness and tenderness. Victims of the 3rd and 4th Charge
T
suffered abrasions at knees, abrasion at right index, middle and ring fingers T
U U
V V
- 10 -
A A
B B
respectively whilst they subdued the defendant who was violently
C struggling. C
D D
29. The court will adopt a sentencing starting point of 3 months’
E imprisonment for the 2nd Charge, 1 month imprisonment for each of the 3rd E
and 4th Charge.
F F
G 30. As the defendant has pleaded guilty, he is entitled to a full G
one-third sentencing discount. The sentence for the 2 nd Charge is therefore
H H
2 months’ imprisonment, and for the 3rd and 4th Charge is 20 days’
I imprisonment each. I
J J
5th Charge
K K
31. On the first conviction of this offence, a person is liable to a
L L
fine of HK$5,000 and to imprisonment for 3 months.
M M
32. This is the first conviction of the defendant. The defendant
N N
does have a valid driving licence for private vehicle as well as light goods
O vehicle. For this reason, the court finds that the appropriate sentencing O
starting point is 6 weeks’ imprisonment.
P P
Q Q
33. The defendant is afforded a one-third sentencing discount by
R
reason of his guilty plea. He is sentenced to 4 weeks’ imprisonment for this R
charge.
S S
T T
U U
V V
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A A
B B
6th Charge
C C
34. On the first conviction of this offence, a person is liable to a
D D
fine of HK$5,000 and to imprisonment for 3 months.
E E
35. This is the defendant’s first conviction. Again the court finds
F F
the appropriate sentencing starting point is 6 weeks’ imprisonment. The
G defendant is therefore sentenced to 4 weeks’ imprisonment by reason of G
his guilty plea.
H H
I 7th Charge I
J J
36. Any person convicted of this offence is liable to a fine of
K HK$5,000 and to imprisonment for 3 months. K
L L
37. Defence counsel says the defendant is unable to pay any fine.
M For this reason, and this being the defendant’s first conviction, the court M
will adopt 9 days’ imprisonment as a sentencing starting point for this
N N
charge. The defendant is sentenced to 6 days’ imprisonment by reason of
O his guilty plea. O
P P
8th Charge
Q Q
R
38. A person convicted of this offence is liable to a fine of R
HK$10,000 and to imprisonment for 12 months.
S S
T
39. This is the first conviction of the defendant as he does not ever T
have any motorcycle driving licence, but he does have driving licence for
U U
V V
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A A
B B
private vehicle as well as light goods vehicle. The commission of this
C offence obviously posed risk to other road users and property around. C
Having regard to the relatively less risk of damage or the relatively less
D D
extent of possible damage done by this electric bicycle as opposed to that
E of a motor vehicle, the court finds the appropriate sentencing starting point E
for this offence is 6 months’ imprisonment.
F F
G 40. Again, he is afforded a one-third sentencing discount by G
reason of his guilty plea. He is therefore sentenced to 4 months’
H H
imprisonment for this charge.
I I
41. On conviction of this charge, the court shall, unless for special
J J
reason thinks fit to order otherwise, order the defendant be disqualified
K from holding or obtaining a driving licence of any class of vehicle for such K
period as the court may determine, being not less than 12 months or more
L L
than 3 years from the date of conviction.
M M
42. This court sees there is no special reason in this case.
N N
Accordingly, the court now orders that the defendant be disqualified from
O holding or obtaining a driving licence of any class for 18 months from O
today.
P P
Q Q
Totality
R R
43. Having regard to the total culpability of the defendant in the
S S
whole incident, the court considers that the total sentence of 30 months’
T
imprisonment is a just and proportionate sentence. T
U U
V V
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A A
B B
44. Accordingly, the sentence of the 2nd, 3rd and 4th Charge to run
C concurrently with each other. The sentence of the 5th, 6th, 7th and 8th Charge C
st
also to run concurrently with each other. The sentence of the 1 Charge to
D D
run consecutive to the sentence of the 2nd to 4th Charge, and also
E consecutive to the sentence of the 5nd to 8th Charge, making the total E
sentence for the defendant at 30 months’ imprisonment.
F F
G G
H H
I ( K Lo ) I
Deputy District Judge
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V
A A
B B
DCCC 1115/2023
C [2024] HKDC 1017 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1115 OF 2023
F F
G ----------------------------------- G
HKSAR
H H
v
I LEE KWAI HEUNG I
-----------------------------------
J J
K Before: Deputy District Judge K Lo K
Date: 20 June 2024
L L
Present: Mr Tan Xiao Yi Ivan, Public Prosecutor, for HKSAR
M Mr Chan Ging Man Robert, instructed by Vitus Lawyers, M
assigned by the Director of Legal Aid, for the Defendant
N N
Offences: [1] Attempted robbery (企圖搶劫罪)
O O
[2] Assaulting a police officer in the execution of his duty (襲
P 擊執行職責的警務人員) P
[3] & [4] Resisting a police officer in the execution of his duty
Q Q
(抗拒執行職責的警務人員)
R R
[5] Driving without a valid driving licence (駕駛時無有效駕
S 駛執照) S
[6] Driving an unlicensed vehicle (駕駛未領牌車輛)
T T
U U
V V
-2-
A A
B B
[7] Driving a motor cycle not wearing an approved protective
C helmet (駕駛電單車而不將認可防護頭盔戴上) C
[8] Using a motor vehicle without third party insurance (沒有
D D
第三者保險而使用汽車)
E E
F
--------------------------------------------- F
REASONS FOR SENTENCE
G G
---------------------------------------------
H H
1. The defendant is convicted of 8 charges on his own plea and
I I
agreement to Amended Summary of Facts:
J J
(a) attempted robbery, contrary to section 10 of the Theft
K K
Ordinance, Cap 210 and sections 159G and 159J of the
L Crimes Ordinance, Cap 200 (“1st Charge”); L
M M
(b) assaulting a police officer in the execution of his duty,
N contrary to section 63 of the Police Force Ordinance, N
Cap 232 (“2nd Charge”);
O O
P (c) 2 charges of resisting a police officer in the execution P
of his duty, contrary to section 63 of the Police Force
Q Q
Ordinance, Cap 232 (“3 and 4 Charge”);
rd th
R R
(d) driving without a valid driving licence, contrary to
S S
section 42(1) and (4) of the Road Traffic Ordinance,
T Cap 374 (“5th Charge”); T
U U
V V
-3-
A A
B B
(e) driving an unlicensed vehicle, contrary to section
C 52(1)(a) and (10)(a) of the Road Traffic Ordinance, C
Cap 374 (“6 Charge”);
th
D D
E (f) driving a motor cycle not wearing an approved E
protective helmet, contrary to regulation 3(1) of the
F F
Road Traffic (Safety Equipment) Regulations, Cap
G 374F (“7th Charge”); and G
H H
(g) using a motor vehicle without third party insurance,
I contrary to section 4(1) and (2)(a) of the Motor I
Vehicles Insurance (Third Party Risks) Ordinance, Cap
J J
272 (“8th Charge”).
K K
Facts
L L
M 2. At around 12:05 am on 4 June 2023, PW1 was walking alone M
along Man Tung Road, Tung Chung. The defendant was then riding an
N N
electric bicycle and when the defendant approached PW1, he used his right
O hand to grab onto PW1’s handbag with great force for about one to two O
seconds. PW1 actively resisted by holding onto the said handbag. The strap
P P
of the said handbag was thus torn as a result of the physical struggle
Q Q
between the defendant and PW1. PW1 heard someone yelling from behind
R
as the defendant fled the scene without the bag. R
S S
3. The incident was witnessed by SGT 58685 (“PW2”) who was
T
on patrol in the area and had been keeping the defendant under observation T
since 11:45 pm on 3 June 2023 as he saw the defendant was then riding an
U U
V V
-4-
A A
B B
electric bicycle without a helmet and was tailing PW1 from behind. After
C PW2 witnessed the incident, he immediately yelled “police, stop” but the C
defendant did not comply and fled the scene. PW2 chased him from behind.
D D
Two other police officers (PW3 and PW4) also joined in the pursuit on
E foot. E
F F
4. Later, the defendant dismounted from his electric bicycle and
G tried to escape on foot. PW2 then displayed his police warrant card and G
yelled “police, stop”. The defendant used his right fist to hit PW2’s chest.
H H
PW2 immediately restrained the defendant with the help from PW3 and
I PW4. They then revealed their police identity and warned him not to resist, I
but the defendant struggled violently. He was later subdued.
J J
K 5. As a result of the defendant’s assault, PW2 sustained an K
abrasion at his chest in addition to some redness and tenderness. As a result
L L
of the defendant’s violent resist, PW3 and PW4 suffered abrasions at knees,
M and abrasions at right index, middle and ring finger respectively. M
N N
6. Later, the defendant was arrested. Under caution, he admitted
O owning the electric vehicle without a licence, third party insurance or O
helmet.
P P
Q Q
7. Police investigation showed that the defendant was the holder
R
of a driving licence pertaining to private vehicles and light goods vehicles R
at the material time, but he did not possess a valid driving licence for
S S
motorcycles, and that the electric bicycle was not licensed nor was there
T
any valid third party insurance. T
U U
V V
-5-
A A
B B
Criminal record
C C
8. The defendant has 7 previous criminal records involving
D D
convictions of 8 charges, 4 of which related to theft, and one is similar in
E nature to the 3rd and 4th Charge except that it was brought under section 36 E
of the Offences against the Person Ordinance, Cap 212, which may entail
F F
more severe punishment. The defendant does not have any similar traffic
G convictions. G
H H
Mitigation
I I
9. The defendant was born in the Mainland and came to Hong
J J
Kong in 1996. He is now aged 36. He has been educated up to Secondary
K 1 level. He was single and lived with his family in a public housing estate. K
He was unemployed at the time.
L L
M 10. It was admitted that although the defendant has some similar M
convictions in the past, he is not in the category of a persistent or serial
N N
offender. In fact, his previous convictions mainly relates to burglary and
O theft-related. O
P P
st
11. For the 1 Charge, defence counsel said that this was an
Q Q
unsophisticated attempt, the defendant acted alone, no weapon was used
R
and he came to PW1 trying to snatch her bag face-to-face. It was said that R
no injury was caused to PW1 and she did not need to go to hospital. It was
S S
also said that the defendant fled the scene after only a one to two seconds
T
struggle with the victim and this showed that the defendant is not a T
professional robber. It was said that the defendant committed the offence
U U
V V
-6-
A A
B B
because he was in financial difficulty, unable to secure a job after his
C release from prison in April 2023. C
D D
12. Defence counsel admitted that attempted robbery is a serious
E offence and the maximum penalty is life imprisonment. He referred this E
court to cases of HKSAR v Tam Ping Wo Angus, CACC 73/2020, HKSAR
F F
v Law Lee Hung, DCCC 781/2014, and HKSAR v Lee Kam Loi, DCCC
G 409/2009. G
H H
13. Defence counsel said that the present case is not as serious as
I the cases mentioned as PW1 was not grabbed by the neck or pushed to the I
ground, and she did not suffer any injury. He urged this court to adopt a
J J
sentencing starting point of no more than 30 months’ imprisonment for the
K 1st Charge and he asked this court to give the defendant sentencing discount K
by reason of his guilty plea.
L L
M 14. As for the 2nd to 4th Charge, it was said that the defendant acted M
foolishly and that he never meant to injure anyone. Defence counsel said
N N
the police officers only suffered minor abrasion injuries. He referred this
O court to HKSAR v Lo Kong Ho, DCCC 397/2009, HKSAR v Chan Ping O
Kwan, DCCC 270/2013 and the case of Lee Kam Loi as said above. He
P P
urged this court to adopt a sentencing starting point of 3 months in relation
Q to each of the 2nd, 3rd 4th Charge and to reduce them to 2 months’ Q
R
imprisonment given the defendant’s guilty plea. He also urged this court to R
give the defendant concurrent sentence for each of these three charges.
S S
T
15. As for the 7th Charge, it was said that the maximum sentence T
is a fine of HK$5,000 and imprisonment for 3 months. Defence counsel
U U
V V
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A A
B B
said it was the defendant’s first conviction and the defendant did not travel
C far when committing this offence. He urged the court to impose a short C
sentence of imprisonment of a few days as the defendant cannot afford a
D D
fine.
E E
16. As for the 5th and 6th Charge, defence counsel accepted that
F F
the defendant did not have the relevant driving licence although he did have
G a full driving licence covering private vehicles and light goods vehicles, G
and that the defendant does not have any criminal convictions for driving
H H
offences.
I I
17. As for the 8th Charge, the defendant would accept a
J J
disqualification order of 12 months to run from the date of conviction.
K K
18. Defence counsel said that the defendant committed the 5th, 6th
L L
and 8th Charge offences for the first time and that no one was hurt and no
M property was damaged as a result of his commission of these offences. In M
the circumstances, he urged this court to impose a short sentence of
N N
imprisonment for each of these charges and also asked the sentences for
O these charges be served concurrently with each other. O
P P
19. Defence counsel further asked this court to consider the
Q totality principle to ensure that the defendant’s overall sentence is fair and Q
R
commensurate with the criminality involved in this case. He said that R
although the offences in this case are separate and distinct in nature, they
S S
were committed within a relatively short time-frame, which, in effect, he
T
said is a continuous criminal episode. He urged this court to give the T
U U
V V
-8-
A A
B B
defendant a light sentence and that the defendant has vowed not to reoffend
C again. C
D D
Discussion
E E
20. This court has considered carefully the submission by the
F F
defence counsel as well as the authorities cited.
G G
1st Charge
H H
I 21. Any person convicted of this offence upon indictment is liable I
to imprisonment for life. In the case of HKSAR v Wu Yee Ki, CACC
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513/2005, it was said that robbery by reason of its nature of offending
K demands an immediate custodial sentence. K
L L
22. The defendant here is a man with 4 previous convictions, not
M similar but theft-related. This is a case of unarmed robbery in a public place M
by a lone robber, late at night, preying on a lone lady walking the street.
N N
O 23. The circumstances under which an unarmed robbery was O
committed varies, from a simple snatching to one coupled with serious
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assaults. There is no actual sentencing starting guideline for this unarmed
Q Q
robbery. However, there are previous cases which suggest that in the
R
absence of aggravating features, a sentencing starting point of 4 years’ R
imprisonment appears to be the maximum (HKSAR v Lam Ka Hung,
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CACC 294/2003).
T T
U U
V V
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A A
B B
24. In this case, there is no evidence that the victim has suffered
C physical injury, but there was a struggle between the defendant and the C
victim during which the strap of the handbag was torn. This demonstrates
D D
the force exerted whilst the defendant struggled with the victim. The
E struggle also appeared only to stop upon yelling of the police officer E
(PW2). There is no doubt that the victim had been shocked by the incident.
F F
According to PW2, he had been tailing and following the defendant for
G about 20 minutes before the incident occurred. G
H H
25. Considering the circumstances surrounding the commission
I of the offence and the relevant authorities, the court finds that the I
appropriate sentencing starting point would be 3 years’ imprisonment.
J J
K 26. The court finds that the most valid mitigating factor is that of K
the defendant’s guilty plea, for which he is entitled to a full one-third
L L
sentencing discount. Accordingly, the defendant is sentenced to 2 years’
M imprisonment for the 1st Charge. M
N N
2nd, 3rd and 4th Charge
O O
27. For this offence, upon conviction, a person is liable to
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imprisonment for 6 months and a fine of HK$5,000.
Q Q
R
28. The victim of the 2nd Charge was hit in the chest one time by R
the defendant using his right fist and he sustained abrasion in the chest in
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addition to redness and tenderness. Victims of the 3rd and 4th Charge
T
suffered abrasions at knees, abrasion at right index, middle and ring fingers T
U U
V V
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A A
B B
respectively whilst they subdued the defendant who was violently
C struggling. C
D D
29. The court will adopt a sentencing starting point of 3 months’
E imprisonment for the 2nd Charge, 1 month imprisonment for each of the 3rd E
and 4th Charge.
F F
G 30. As the defendant has pleaded guilty, he is entitled to a full G
one-third sentencing discount. The sentence for the 2 nd Charge is therefore
H H
2 months’ imprisonment, and for the 3rd and 4th Charge is 20 days’
I imprisonment each. I
J J
5th Charge
K K
31. On the first conviction of this offence, a person is liable to a
L L
fine of HK$5,000 and to imprisonment for 3 months.
M M
32. This is the first conviction of the defendant. The defendant
N N
does have a valid driving licence for private vehicle as well as light goods
O vehicle. For this reason, the court finds that the appropriate sentencing O
starting point is 6 weeks’ imprisonment.
P P
Q Q
33. The defendant is afforded a one-third sentencing discount by
R
reason of his guilty plea. He is sentenced to 4 weeks’ imprisonment for this R
charge.
S S
T T
U U
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A A
B B
6th Charge
C C
34. On the first conviction of this offence, a person is liable to a
D D
fine of HK$5,000 and to imprisonment for 3 months.
E E
35. This is the defendant’s first conviction. Again the court finds
F F
the appropriate sentencing starting point is 6 weeks’ imprisonment. The
G defendant is therefore sentenced to 4 weeks’ imprisonment by reason of G
his guilty plea.
H H
I 7th Charge I
J J
36. Any person convicted of this offence is liable to a fine of
K HK$5,000 and to imprisonment for 3 months. K
L L
37. Defence counsel says the defendant is unable to pay any fine.
M For this reason, and this being the defendant’s first conviction, the court M
will adopt 9 days’ imprisonment as a sentencing starting point for this
N N
charge. The defendant is sentenced to 6 days’ imprisonment by reason of
O his guilty plea. O
P P
8th Charge
Q Q
R
38. A person convicted of this offence is liable to a fine of R
HK$10,000 and to imprisonment for 12 months.
S S
T
39. This is the first conviction of the defendant as he does not ever T
have any motorcycle driving licence, but he does have driving licence for
U U
V V
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A A
B B
private vehicle as well as light goods vehicle. The commission of this
C offence obviously posed risk to other road users and property around. C
Having regard to the relatively less risk of damage or the relatively less
D D
extent of possible damage done by this electric bicycle as opposed to that
E of a motor vehicle, the court finds the appropriate sentencing starting point E
for this offence is 6 months’ imprisonment.
F F
G 40. Again, he is afforded a one-third sentencing discount by G
reason of his guilty plea. He is therefore sentenced to 4 months’
H H
imprisonment for this charge.
I I
41. On conviction of this charge, the court shall, unless for special
J J
reason thinks fit to order otherwise, order the defendant be disqualified
K from holding or obtaining a driving licence of any class of vehicle for such K
period as the court may determine, being not less than 12 months or more
L L
than 3 years from the date of conviction.
M M
42. This court sees there is no special reason in this case.
N N
Accordingly, the court now orders that the defendant be disqualified from
O holding or obtaining a driving licence of any class for 18 months from O
today.
P P
Q Q
Totality
R R
43. Having regard to the total culpability of the defendant in the
S S
whole incident, the court considers that the total sentence of 30 months’
T
imprisonment is a just and proportionate sentence. T
U U
V V
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A A
B B
44. Accordingly, the sentence of the 2nd, 3rd and 4th Charge to run
C concurrently with each other. The sentence of the 5th, 6th, 7th and 8th Charge C
st
also to run concurrently with each other. The sentence of the 1 Charge to
D D
run consecutive to the sentence of the 2nd to 4th Charge, and also
E consecutive to the sentence of the 5nd to 8th Charge, making the total E
sentence for the defendant at 30 months’ imprisonment.
F F
G G
H H
I ( K Lo ) I
Deputy District Judge
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
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