HKSAR v. Kong Hui Kuen

DCCC 63/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 63 OF 2017

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Reasons for Sentence

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Charges and facts

1.The Defendant pleads guilty to 9 charges of burglary which took place at the same Japanese restaurant in Tuen Mun.

2.Whilst in its employ from early 2014 to 25 July 2016, he was given 2 keys to the roller shutter of the shop and the passwords for the security system and the safe which kept petty cash.  When he left its employ, he returned the 2 keys to the shop but only after secretly making a duplicate of them.  

3.As a result of repeated shortfalls in the petty cash balance, in the range of $140 - $940, in total $3,790, on about 30 September 2016 the shop took action to replace the roller shutter locks and changed the passwords for the safe.  The shop’s CCTV camera had captured the Defendant’s repeated unauthorised entries. 

4.After arrest and caution by the police in November 2016, the Defendant admitted using his duplicate keys to enter the shop and the passwords to steal from the safe.  It only took him one to two minutes to commit the offence. 

Mitigation

5.He is 23 years of age, of university education level.  He was unemployed and in need of money at the time of the offences.  His father had passed away.  He gave $4,000 per month for his household expenses.  He has a clear record. 

Sentencing considerations

6.In R v Wong Man [1993] 1 HKC 80, the Court of Appeal states that the proper starting point for non-domestic premises would be 2 ½ years’ imprisonment for a first offender of full age. 

Sentencing this Defendant

7.The entry and stealing lasted no more than 2 minutes, a feat only possible because of his having the keys and the passwords.  As he was only taking cash in relatively small amounts, I take 2 years 3 months as the starting point for each charge. His plea of guilty shall bring him a one-third discount.  The sentence is 18 months. 

8.Each burglary was a distinct incident.  Consecutive sentences are appropriate, subject to the totality principle.  I adjust the total sentence by ordering him to serve the 18 months for the 1^st Charge in full, and 1 week for each of the 8 other charges on a consecutive basis.  The total sentence is 18 months and 8 weeks.