HKSAR v. Ko Wai Tim

DCCC 476/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 476 OF 2015

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

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

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

Reasons for Sentence

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

Charge and facts

1.The defendant pleads guilty to the burglary of a domestic unit on the 9^th floor of a building block in Tsui Ping Estate, Kwun Tong, Kowloon. 

2.At around mid-noon, police officers were on patrol when they noticed the metal gate was left ajar with the wooden door open with prizing marks on the door frame.  There was sound from inside the unit.  They lay ambush outside.  Soon the Defendant walked out.  They approached him for enquiry.  A brief resistance ensued but to no avail.  He had with him a lot of items indicative of burglary.  There were also signs of ransacking in the unit. 

3.Upon being arrested for burglary and cautioned, he admitted the offence. 

4.A large number of items were seized, which can be categorized as follows:

(1) A broken padlock on the ground;

(2) A crowbar on the bed;

(3) A crowbar, 2 iron rods, a pair of pinchers and gloves from his person;

(4) Recovered over 110 items of property, estimated at HK$40,509.40 in total, including jewelry, watches, and cash in different currencies, etc.

5.The occupiers had locked the metal gate with the padlock before going out.  They confirmed their ownership of the recovered property. 

Personal background and mitigation

6.The defendant is 57 years of age.  His wife works as a security guard earning HK$10,000 a month.  Apart from 5 burglaries (two being sentenced in 1996, one in 1999, one in 2001, and the last sentenced for 2 years in 2011), he has a long and broad criminal history.  He completed his sentence for the last burglary in March 2012.  He has no further record afterwards.  His counsel in mitigation informs me that he had then taken up full time employment as a driver.  Because of a traffic accident in November 2014, he was dismissed from employment.  He suffered arthritis to his hands and joints and was unable to take up employment.  He ran into debts.  Feeling desperate, he committed the offence.   

Sentencing guidelines

7.In R v Chan Yui Man  CACC 36/1988, the Court of Appeal stated that for burglary of domestic premises with no aggravating factors, 3 years would be the proper starting point for a first offender of full age.

Sentencing present defendant

8.His history of burglary has seemingly relented in recent years. He is now rejoining the infamous trade but the irregular and rather extensive time lapse in his record tends to suggest this is not as yet a comeback as a recidivist.  I am content to take 3 years as the starting point. The only mitigating factor is his plea of guilty. After the one-third discount, his sentence is 2 years.