HKSAR v. Tsoi Fu Shing

DCCC 877/2018

[2019] HKDC 185

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 877 OF 2018

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Reasons for Sentence

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Charges

1.D pleads guilty to one charge of handling stolen goods (Charge 1) and 5 charges of burglary of non-domestic premises (Charges 2 – 6). 

2.The offences took place between 10^th May 2018 and 15^th June 2018. 

Facts

3.D used to work in a company at Unit 621, 6^th Floor, Hoi Tai Factory Estate, Kin Fat Street, Tuen Mun, N.T. (“the Factory Estate”).  In March 2018 he was dismissed.  In May 2018 his employer found that he was living in Unit 621.  He was warned to move out as soon as possible. 

4.The 5 burgled storerooms the subject-premises of Charges 2 – 6, had all been locked before being prized open for entry.  They were situated at 7^th Floor (Charge 2), 17^th Floor (Charge 3), 6^th Floor (Charge 4), 15^th Floor (Charge 5), and 25^th Floor (Charge 6) respectively of the Factory Estate.  A wide range of miscellaneous and household items were stolen, such as CDs, gramophone records, computer monitors, electrical tools, wine, toy models, vases, coins, watches, films, and papers.  Value wise, the loss was $76,700 from 7^th Floor (Charge 2), $8,000 from 17^th Floor (Charge 3), unspecified from 6^th Floor (Charge 4), $26,270 from 15^th Floor (Charge 5), and $43,950 from 25^th Floor (Charge 6).

5.PW1 CHAN had rented Unit 618 of the Factory Estate for storage of articles.  On 10^th May 2018, he placed the key to the locked wooden door under the jalousie window and left the premises.  He left the premises without locking the iron gate.  On 20 May 2018, he returned and found 75 CDs and one computer monitor, valued at $3,800 in total, missing.  On 11^th June 2018, the CCTV footage at the lift of the Factory Estate revealed PW7 LEE, a second-hand goods trader, moving various items using a trolley on 11^th June 2018.  The police intercepted PW7 LEE and seized the items, namely 75 CDs and one computer monitor (the lost property of PW1 CHAN), and one bag and 159 gramophone records (both under Charge 6).  PW7 LEE informed the police that the items thus recovered, were sold to him by D for $7,800 on 11 June 2018 after he viewed the pictures sent from D’s WhatsApp.  D told him that those items were given by owners of the units when they moved out.  He therefore used a trolley to take the items from Unit 621.  These connect D to Charge 1. 

6.D’s fingerprint and palm print were found on the inside of the damaged wooden door of the storeroom at 17^th Floor (Charge 3) whereas a fingerprint was found on the outside of the same door.  These connect D to Charge 3.      

7.When the police arrested D, he had $6,800 cash.  Certain stolen items (some relating to Charges 2, 4, and 6) were recovered in Unit 621.  In cautioned statements, he admitted the offences relating to Charges 2 and 4 – 6.  He moved the items to his previous employer’s warehouse at Unit 621 where he was staying in despite being laid off a month ago.  He had sold some of the stolen items or given them to a friend. However, he denied having prized at the door of the storeroom at 6^th Floor (Charge 4) or at 25^th Floor (Charge 6).  These connect D to Charges 2 and 4 – 6.    

8.The loss from the 5 burglaries was around $160,000 in total, around $100,000 of which had been recovered by the police. 

Sentencing D

9.After considering the facts and defence submissions, I arrive at the following sentence:

(1) Charge 1 is 6 months;

(2) Charges 2 – 6 is 18 months each.

10.By totality, I make the following adjustment:

(1) 18 months to be served on Charge 2;

(2) 3 months of the other 5 charges to be consecutive to one another and Charge 2;

(3) The overall sentence is 33 months (or 2 years 9 months).