HKSAR v. Chan Wing Kai

DCCC 369/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 369 OF 2016

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REASONS FOR SENTENCE

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Charge

1.Defendant pleads guilty to one count of burglary.

Facts

2.At about 7 am on 11 January 2016 which was a Monday, defendant and an unknown person went to a restaurant at Level 6 of a shopping complex in Kwun Tong.  Each wore a mask.  The unknown person prised open the shutter of the restaurant.  He sneaked in and later came out with a safe.  Defendant had been waiting outside the restaurant and acting as a look-out.  When the other person came out with a safe, defendant carried the safe when leaving together with that unknown person.

3.In this burglary, the restaurant lost a computer, two mobile phones and a safe containing around HK$70,000 therein.  The stolen properties were not recovered.

4.CCTV captured defendants entering the complex half an hour earlier.  At that time defendant had not worn his mask yet.  He was also seen on CCTV to have been taking video of the restaurant several hours before the burglary.

5.Fifteen days later, defendant was arrested in San Po Kong.  Police found some video clips in his mobile phone relating to the commercial complex and the restaurant in question.  Under caution, defendant remained silent.

Record

6.Defendant is aged 59.  Between 2005 and August 2016, he had seven previous convictions.  The seventh conviction was only after the present incident.  Among defendant’s previous convictions, there were several relating to dishonesty crimes but none of burglary. 

7.Counsel says defendant had been a police officer for over 30 years till 2007 when he was involved in a dangerous driving case, which he unwisely tried to cover up.  Defendant was later punished accordingly and he was also ordered to retire on a compulsory basis.  He even lost his pension later somehow. Since then defendant had been leading an unruly and miserable life as evident from his criminal record.  He had also been bankrupted and separated from his wife and son.  He used to live alone in a rented cubicle.  And after years of waiting, he recently got a public housing flat assigned to him. 

8.Counsel says defendant has a number of health problems including heart disease, diabetes and hypertension.  Counsel asks the court to be as lenient as possible so that defendant can start a new life after release from prison.  It is hoped that this is his last breach of the law.

Sentence

9.The present case was a typical burglary in commercial premises with some planning involving defendant and another person.  I have to adopt the usual tariff of 30 months’ imprisonment as the starting point.  Defendant pleads guilty, he is entitled to a one-third discount.  I therefore sentence defendant to 20 months’ imprisonment.