HKSAR v. Young Seung Chau

DCCC 357/2018

[2018] HKDC 1372

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 357 OF 2018

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REASONS FOR SENTENCE

1.The defendant pleads guilty to one charge of burglary of a recycling shop in Kowloon City, contrary to section 11 of the Theft Ordinance[1].

2.In summary at about 4:30 p.m. on 26 February this year Mr Lui Kuen, proprietor of Kuen Kee Waste Paper Metal” recycling shop situated on the Ground Floor of 179 Kowloon City Road, kept about $25,000 in a drawer of a metal table[2]. 

3.At 5:05 p.m. the police saw the defendant, who was wearing a face mask, walking around furtively and peeping at various recycling shops along Kowloon City Road.

4.At 5:11 p.m. when there was nobody inside Kuen Kee and all the workers were busy outside the shop, the defendant entered the shop, opened the drawer and took out the money. 

5.After leaving the shop the police intercepted the defendant and recovered $24,530 from the defendant’s right hand. 

6.Under caution the defendant admitted stealing the money out of greed. 

Mitigation

7.In passing sentence, I have carefully considered everything said on behalf of the defendant by Ms Tam together with the mitigation letter written by the defendant.  I take into account the defendant’s girlfriend suffers from depression and requires his care and attention.

Starting point

8.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.

9.Ms Tam asks the court to take into account no force or violence was used in the burglary and no damage was caused to the shop.  Although the defendant walked into the shop while nobody was inside, I do not regard this as an opportunistic burglary. 

10.The defendant was clearly looking for something to steal.  This was not burglary of vacant premises or where the defendant passed by an open door and stole food or items of little value[3].

11.I am satisfied a starting point of 2 years and 6 months’ imprisonment is appropriate.  Although the defendant has appeared in court on ten previous occasions accumulating a total of twelve convictions, including convictions for burglary and attempt robbery, taking into account the last conviction was in 2009 and the defendant was released from prison in November 2012, I do not enhance the sentence by reason of his previous offending. 

12.Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 1 year and 8 months’ imprisonment.