Judge seeks proof of youthful robber's age
A judge yesterday asked for medical reports to verify the age of a mainland robber after doubts emerged over whether he was 19 or 15.
Deputy High Court judge Alan Wright called for bone density tests to ascertain the age of youthful-looking Ho Wai-yat, who was convicted of robbing a schoolgirl.
Prosecutor Harish Melwaney told the Court of First Instance the confusion arose because Ho, an illegal immigrant, had said in previous court cases that he was born on March 13, 1989.
Those cases, in May 2002 and March 2003, were related to immigration offences and five thefts.
But when Ho appeared in Fanling Court charged with robbery and overstaying on the present indictment, he told the court he was born in 1984, making him 19 and open to a more severe sentencing option.
Ho appeared in the Court of First Instance to plead guilty to one charge of robbery.
Yesterday, Judge Wright said: 'In my experience, 15-year-olds do tend to say things that they do not intend to say.
'[The differing accounts of his age] is a matter which arguably may be a factor which the courts should take into account when considering sentencing.'
Judge Wright ordered Ho to be sentenced, after the magistrate receives the medical report, on a charge of illegally remaining in Hong Kong.
Ho will then return to the Court of First Instance on July 5 for sentencing on the robbery count.
The court heard that Ho and an unknown man robbed a 14-year-old girl on November 8 last year as she was walking across a footbridge.
Using a box cutter, they forced the girl to hand over her mobile phone and $260.
Ho was caught three days later when an off-duty police inspector was jogging by the same footbridge and became suspicious when he saw Ho.
