HKSAR v. NGUYEN NAM DUY

HCCC 13/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 13 OF 2013

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HKSAR
v
Nguyen Nam-duy (D2)
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Before: DHCJ Stuart-Moore

Date: 26 August 2014 at 10.01 am

Present: Ms Grace Chan, SPP of the Department of Justice, for HKSAR
Mr James Tse, instructed by Cheung & Yip, for the 2nd defendant

Offence: Attempted robbery (企圖搶劫罪)

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: This was an attempted robbery in which there were three participants. The other two young men who were involved were ordered to undergoa period of training at a training centre. That was on 2 November 2013.

This defendant, who shares the same responsibility in the crime as the others, failed to answer his bail and so he has to be dealtwith on his own today.

The same sentencing remarks as I made on 19 November apply equally to this defendant. A copy of the transcript has been provided,and Mr James Tse, who appears on the defendant’s behalf today, has very responsibly made sure that the defendant knows what thattranscript says. In fact, I notice I said earlier “2 November”, in fact sentence was imposed on the others on 19 November lastyear.

The same sentencing remarks, as I made previously, apply equally to this defendant, and I say that because I have now been given theTraining Centre report prepared by Chow Lap-wai. Plainly, for an offence of this kind it is almost inevitable that a custodial sentencewill be imposed.

Having regard to the defendant’s plea of guilty, his age and suitability for training, the only proper course is to make the sameorder that was made in the case of the others involved.

In particular, as Mr Tse has himself agreed, it is apparent that it is in the interests of the community as a whole that trainingat a training centre is expedient for the prevention of crime, as well as the rehabilitation of the offender.

Mr Nguyen, would you stand, please?

Your sentence, as I have indicated, is that you must undergo a period of training at a training centre.