HKSAR v. Kan Ming Cheong

DCCC 170/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 170 OF 2017

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Reasons for Sentence

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Charge and facts

1.D pleads guilty to a charge of attempted burglary.

2.At all material times, TAI ("PW1") resided alone at a residential flat (“the Flat”) on the first floor of a 5-storeyed old style building in Yuen Long.  A metal gate and a wooden door were affixed at the front entrance of the Flat. No security guard was hired at the building. However, a CCTV system was installed. At around 1:30 p.m. on 21 December 2016, PW1 closed the metal gate but he left the wooden door unlocked before going out for lunch. Subsequently, at around 2:15 p.m. on 21 December 2016, his neighbour who resided next door Madam ZHOU ("PW2") heard some noises outside her own flat. 

3.When PW2 took a look at the CCTV system, she spotted a male stranger (later identified as D) tampering with lock on the metal gate at the front entrance of the Flat using a coat-hanger PW2 used her mobile phone to take some photographs of the CCTV image capturing D. She also telephoned PW1 to inform him of what she had seen. PW1 immediately returned to the Flat. He managed to intercept D who was still seen tampering with the lock of the metal gate of the Flat using a coat-hanger. He immediately reported the case to the police.

4.A team of police officers arrived at the scene swiftly and arrested D. The coat-hanger was seized as an exhibit.  Under caution at the scene, D admitted that he had intended to burgle the Flat in order to steal something valuable as Christmas was approaching and he had no money to buy presents for his children. In a subsequent cautioned video-recorded interview, he said as follows:

(i) He saw a coat-hanger when he walked past the building;

(ii) He decided to use the coat-hanger to tamper with the door lock of the Flat in order to gain access therein for stealing something valuable therefrom;

(iii) He picked the Flat as target as it was close to the staircase and hence he could escape easily;

(iv) He stayed at the crime scene for approximately 10 minutes;

(v) PW1 then appeared and subdued him;

(vi) He did not tamper with the lock of any other premises.

Personal background and mitigation

5.D is aged 36, of F. 5 education level.  He is married and has 2 sons.  He has a previous record which is dissimilar to the present offence.  He is a transportation worker before arrest.  He has certain mental conditions as revealed in a medical report but his counsel Mr. Li says that they ought not to have any bearing on his present sentence. 

Sentencing guidelines

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

Sentencing D

7.I take a starting point of 2 years in consideration of its being an attempt.  One-third off for the timely plea of guilty, the sentence is 16 months.