HKSAR v. Wiwi Astuti

DCCC 658/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 658 OF 2015

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REASONS FOR SENTENCE

1.Wiwi Astuti you have pleaded guilty to two charges of burglary, contrary to section 11 of the Theft Ordinance, Chapter 210.

2.Full particulars of the offences are set out in the facts admitted by you today.  In summary in April and May this year, whilst employed as a domestic helper by Madam Lee Sau Man, Gigi, you burgled the home of the brother of your employer.  

3.On 30 April this year when Madam Lee’s brother and sister-in-law returned home from a trip overseas, they discovered HKD 7670; RMB 17,000 and jewellery, valued at over HKD 57,000, missing from a drawer in the bedroom (charge 1).  On the 30 May Madam Lee’s sister-in-law discovered RMB 5000 and CAD 190 was missing from the same drawer (charge 2). 

4.Madam Lee, suspecting you had stolen the money and the jewellery, confronted you.  You told Madam Lee you had duplicated the spare set of keys kept at her home by the son of her brother, which you then used to enter the brother’s home. 

5.Madam Lee reported the matter to the police.  The police seized a gold necklace and a gold pendant stolen in the first burglary and the Canadian dollars stolen in the second burglary.  The police also seized HKD 5,830; IRD 2,595,000 and a gold ring.    

6.In a video recorded interview you told the police you used the duplicate keys to enter the home of your employer’s brother, knowing the home was empty.  You explained that the golden ring was purchased with the proceeds from the sale of two gold pendants stolen in the first burglary; the Indonesian rupiahs were obtained from the sale of jewellery and by exchanging the Hong Kong dollars stolen in the first burglary; and that the Hong Kong dollars were obtained by exchanging the RMB 5000 stolen in the second burglary. 

7.In passing sentence I have carefully considered everything said on your behalf by Miss Cheung.  I take into account you have a clear record and that you committed the offences because of financial reasons arising from the ill health of your grandparents. 

8.The correct starting point for a single burglary of residential premises committed by a first offender of full age where there are no aggravating or mitigating features is 3 years imprisonment.   Miss Cheung submits a lower starting point should be taken because there was no actual breaking in.  I disagree.  The burglaries were clearly planned as shown by the fact you duplicated the keys kept at your employer’s home. 

9.Giving you full credit for your pleas of guilty the sentences are reduced to 2 years imprisonment on each charge.

Totality

10.In considering totality I take into account the same premises were burgled at times when no one was at home; property valued at over $80,000 was stolen in the first burglary; some of the property has been recovered, however most of the money and jewellery has not been recovered; the stolen property in the second burglary has been fully recovered; and as noted earlier the burglaries were clearly planned in that you had duplicated the spare keys kept in the home of your employer. 

11.Taking into account all the circumstances, I am satisfied that a total sentence of 2 years and 8 months imprisonment is appropriate, which I am satisfied properly reflects your criminality on the two charges.

Sentence

12.You are convicted and sentenced as follows:

Charge 1 – 2 years imprisonment; and

Charge 2 – 2 years imprisonment with 8 months consecutive and 16 months concurrent to charge 1.

Total sentence is 2 years and 8 months imprisonment.