HKSAR v. Chan Hon Kit

DCCC 440/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 440 OF 2017

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REASONS FOR SENTENCE

1.Chan Hon Kit you have pleaded guilty to one charge of burglary of a shop in Sai Ying Pun, contrary to section 11 of the Theft Ordinance[1].

2.In summary in the evening of 29 December last year you burgled a dried seafood shop where you had previously worked.  Claiming you were the owner of the shop and you had lost your keys you hired a locksmith to cut open the padlock securing the rear gate to the shop.  

3.The next morning when the son of the owner of the shop returned to the shop he discovered the padlock had been cut.  The shop had been ransacked and 2.7 kg of cordyceps, valued at $605,000, were found missing.  A report was made to the police.

4.CCTV footage revealed you leading the locksmith to enter the building through a side entrance where the shop was located; the padlock being cut; entering the ground floor of the shop wearing a mask; using a sieve to cover the CCTV camera installed on the mezzanine floor; about ten minutes later removing the sieve and leaving the shop carrying a shopping bag.   

5.You were arrested on 20 March this year.  In a video recorded interview, you admitted you burgled the shop out of revenge for being dismissed. 

Mitigation

6.In passing sentence, I have carefully considered everything said on your behalf by Mr Lok.  Mr Lok informs the court that as you are unable to write a mitigation letter you would like the court to know that you promise not to commit any offence in the future. 

Starting point

7.The correct starting point for a single burglary of non-domestic premises committed by a first offender of full age where there are no aggravating or mitigating features is 2 years and 6 months imprisonment. 

Aggravating features

8.I am satisfied the arranging of a locksmith to cut open the padlock and targeting goods which, having worked in the shop you would have known, were of high value and which have not been recovered, are aggravating features of sentence.  I increase the starting point by 12 months to 3 years and 6 months’ imprisonment. 

9.You have a poor criminal record with five convictions for dishonesty, although none for burglary.  Mr Lok informs the court that your last conviction in March this year was for an offence committed 14 years ago.  I have read the facts in that case which reveal the offence was committed in April 2006, over 11 years ago.  In the circumstances I do not further enhance the starting point by reason of your repeated offending. 

10.Giving you full credit for your plea of guilty you are convicted and sentenced to 2 years and 4 months’ imprisonment. 

11.In March this year you were sentenced to 8 months’ imprisonment for the offence committed in 2006.  I am told by Ms Cheng and Mr Lok that today is the last day of that sentence.  The offences being separated by over 10 years I am satisfied wholly consecutive sentences are appropriate.  I order the sentence imposed today to be served consecutive to the sentence imposed in March this year.    

[1] Cap 210.