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DCCC 1270/2023
[2024] HKDC 1301
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1270 OF 2023
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Before:
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Deputy District Judge Casewell in Court
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Present:
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Mr Tsui Shiu Wah Raymond, Counsel on Fiat, for HKSAR/Director of Public Prosecutions
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Mr Chan Fu Kit Brian, instructed by M H Tang & Co, assigned by the Director of Legal Aid, for the Defendant
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Offences:
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[1] Robbery（搶劫罪）
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[2], [4], [10], [12] and [13] Attempted Theft（企圖盜竊罪）
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[3], [5] to [9], [11], [14] and [15] Theft（盜竊罪）
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REASONS FOR SENTENCE
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1.
The defendant has pleaded guilty to one charge of robbery and another 14 charges related to theft and attempted theft; the offences occurring on 13 and 14 August 2023.
2.
The facts of the robbery as follows. On 13 August 2023 at 1110 hours outside Wo Or Building in Central, the defendant attacked a lady, PW1, who was 72 years old. He attacked her from behind and she fell to the floor. He opened a waist bag, took out 11 credit cards, $3,000 in cash and her mobile phone, which is worth $8,000. The matter was reported to police.
3.
As a result of the attack by the defendant on the victim, PW1 was sent to A&E Department at Queen Mary Hospital. Her injuries were as follows: tenderness on the left scalp, left face, right elbow, right knee, and chest; bruising on the left scalp; swelling on the left face; and abrasions on bilateral elbows and right knee. She was later examined by another doctor and the same injuries were discovered. I am told that she has been discharged on the same date and I am assuming, as there is no information to the contrary, that she made a full recovery.
4.
As far as the thefts and attempted thefts are concerned, they involve some five of the credit cards which were taken from the victim’s purse. There were a total of 11 credit cards taken, but the defendant made unauthorised transactions which, either attempted or successful, using five of the cards. Those transactions are set out in the Agreed Facts. They have been agreed. I do not propose to go through all of them at this stage. Suffice to say the items that were obtained, or attempted to be obtained, were items such as a gold chain, valued at $13,000; an iPhone of $8,899; attempt to buy another iPhone valued at $10,278; items such as T-shirts, camera bags, bottles of perfume, sunglasses, shoes, wallets, general consumer items, also some consumables such as cigarettes and burgers.
5.
Overall summary would be that there were five attempts at theft with a card with a value of around about $27,000; and actual thefts that succeeded with the cards, there were nine of those, with a value of about $26,000. So an overall total value of over $50,000, with an actual value of some $26,000; these occurring over two days.
6.
Now the defendant was arrested on 15 August 2023. Some of the items were found on a search and those are as follows: an iPhone, the subject of Charge 3; a Gucci wallet, the subject of Charges 10, 11; Octopus cards, that is in Charge 13; glasses; a black Nike T-shirt as in Charge 8; and a pair of Vans shoes as in Charge 9. Some other items were also recovered from a house search from the defendant’s home.
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