HKSAR v. Walia Ravi

DCCC 261/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 261 OF 2015

----------------------

----------------------

---------------------
Reasons for Sentence
---------------------

1.In these proceedings, the defendant, Walia Ravi, is convicted of one count of theft upon his plea and admission of facts.

The Facts

2.Some time after 2 pm on 26 February 2015, the defendant was found to be carrying three pieces of luggage in the staircase between the 4th and the 5th floor of a building in Sha Kok Estate.  It was later found that inside the luggage there were two windbreakers, four pairs of shoes, one bag, one pair of sandals, one set of mahjong, one photo album, one shoe, two toys, one electric wire and one colander.

3.They belonged to one Madam Ko, who kept them in a storeroom on the 9th floor of the building since April 2014.  The property was worth about $1,000.

4.When questioned by a security guard on duty in that building, the defendant told her that the items were found inside a unit on the 12th floor of a building where a lot of other people were picking things, and that he was about to carry those items downstairs to call one Madam Wong to collect them.

5.The security guard made a report to the police, and the defendant was arrested in the vicinity of the building.  Subsequently, the police officers identified the storeroom and found it ransacked and its locks broken.  Some of the items formerly stored inside were thrown over the corridor, the staircase of the 9th floor and the staircase between the 4th and 5th floors.

6.During the cautioned interview, the defendant told the police he went there to see his two friends who lived in two different units of the same building but that neither of them was at home that day.  He found a unit on the 9th floor open, and there were people rummaging inside.  He took the luggage in question intending to take them to a security guard he knew.  When he was accused of stealing by the security guard on the 4th floor, he simply dropped the luggage and tried to leave the scene.

Discussion

7.This is a rather curious set of facts.  The truth may never be known.  I find the defendant’s explanation on how he came by the items strange and the scenario he depicted incredible.  Be that as it may, I will only sentence on what has been proved.

8.The defendant is charged with the theft of items previously kept in the unit.  He admitted going inside the unit to join the throng of scavengers and took the items.  The stolen property is second-hand and not of a high value.

9.This is a case closer to theft by finding.  I consider a short term of imprisonment appropriate in the circumstances.

Background and Mitigating Factors

10.The defendant is a Hong Kong born Indian aged 32.  He is married to a Chinese lady and has a daughter aged 3.  He has 12 conviction records, of which eight counts were theft related.  The last conviction took place in 2013.

11.As evidenced by the letters he wrote to this court, the defendant is eloquent and his English is good.  He probably will have no problem getting a proper job if he is so minded.

12.He expressed remorse.  His employers also wrote to express support.  He will have a job waiting for him.  His mother, who is suspected to be suffering from cancer, also pleaded for leniency on his behalf.  His wife is also supportive.

13.The doctors at the Correctional Services Department confirm that he is no longer a drug addict.  He has been in custody for three weeks pending the reports.  Despite his repeated relapse, it seems that this might be a turning point for him.  So despite his record, I am prepared to give him a chance.  I hope my faith in him will not be misplaced.

14.I will therefore adopt a 6-month starting point reduced to 4 by reasons of his plea, and suspend it for 2 years.

15.I want to make it clear to him that this probably is the last chance he will get for a very long, long time.  I hope he will learn from the experience and become a responsible provider to his family.