刑事檢控科各律師/高級律 - Department of Justice

28
551/2003
Stuart-Moore VP
Lunn J
(15.6.2004)
*Chan Fung-shan
#CDF Coghlan
Tung
(2) KAN
Chi-keung
number/Effect of aggravating factors on sentence
搶 劫 罪 – 受 害 人 在 私 人 地 方 受 襲 – 盜 竊 個 人 密
碼 – 加 重 刑 罰 因 素 對 判 刑 的 影 響
The Applicants pleaded guilty to an offence of robbery,
which they were alleged to have committed jointly on 17 January
2003, at Room 1604, on the 16th Floor of Honour Industrial
Centre, 6 Sun Yip Street, Chai Wan. The victim was robbed of
four credit cards, an ATM card, a clinic card and an Octopus card,
as well as her mobile telephone, mini disc walkman and $77.50.
A1 pleaded guilty at committal in the magistracy. He
confirmed that plea before Beeson J. He was sentenced to 6 years’
imprisonment.
A2 pleaded guilty on the first day of trial. He was sentenced
to 6½ years’ imprisonment.
The facts were that at about 8 pm on 17 January 2003, the
31-year-old female victim was closing her office when a man
pushed her back inside. Another man was already inside. One
man snatched her telephone while another pressed her head down
to the ground. One of them told the victim to be co-operative and
said they just wanted money. The victim noticed that one of the
men held a knife. She was pushed into the storeroom where her
hands were tied with wire. Her head was covered by a T-shirt and
her watch and rucksack were taken away. One of the men asked
for the PIN numbers of the bank and credit cards in her wallet, and
she was threatened with a stabbing. The victim then provided the
number of one of her cards, and her eyes and mouth were then
covered with an adhesive tape.
After police arrived, the Applicants were caught. The
property identified in the charge was found on A1, together with a
knife ten inches in length. A1 also had a knife sheath attached to
each of his calves. It was accepted that the Applicants were
carrying two knives but the second of these had never been
recovered. Under caution, both admitted their involvement in the
offence.
On appeal, it was submitted that the sentences were
manifestly excessive.
Held :
(1) The guideline sentencing tariffs for an offence of the present
kind were laid down in Mo Kwong-sang v R [1981] HKLR 610.
Roberts CJ said that if these guidelines had been applied to the
appellant in that case, who was treated as a person of previous