HKSAR v. Tse Chun Hung

DCCC 804/2020

[2021] HKDC 102

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 804 OF 2020

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REASONS FOR SENTENCE

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1.The defendant pleads guilty to one charge of burglary of domestic premises, contrary to section 11 of the Theft Ordinance[1].

2.Full particulars of the offence are set out in the summary of facts admitted by the defendant today[2].

3.In summary since 17 March 2020 Mr So lived alone on the 19th Floor of Shui On Court, Nos. 1-3 Tai Yuen Street in Wanchai.  Mr So and the defendant are relatives. On 20 March 2020 the defendant visited Mr So at home. 

4.At about 1:00 a.m. on 22 March 2020 Mr So left home after first ensuring the door had been securely locked.  At about 4:52 the same morning the defendant contacted Mr So on Facebook asking his whereabouts.  Mr So replied that he was not at home and would not return home that day.

5.About fifty-five minutes later at 5:47 CCTV of the entrance of Shui On Court captured the defendant together with another male trying to enter Shui On Court.  At around 6:14 the defendant and the other male entered Shui On Court.  

6.One hour later at 7:15 CCTV captured the defendant and the male leaving Shui On Court.  The other male was carrying, inter alia, a black brief case and the defendant two recycle bags, which they were not seen carrying when they entered the building.

7.At around 11 p.m. the same day Mr So returned home and found the main door had been prized open and his home ransacked.  Ten Thai Buddha amulets; four jade amulets; a black brief case and a batch of red packets containing $5,008 cash had been stolen.  The total value of the stolen property was about $44,008.

8.The defendant was arrested on 22 April 2020. 

Mitigation

9.In passing sentence, I have carefully considered the oral and written submissions of Mr Lai, including that the defendant aged 27, single, has worked as a hair-stylist and for a vegetable market.  I take into account that the defendant’s mother has recently had a relapse of cancer[3].

10.Mr Lai asks that the court adjourns sentence for the preparation of a background report[4]. I am satisfied Mr Lai has furnished the court with sufficient information on the defendant’s background.  I decline the request to call for a background report before passing sentence. 

Starting point

11.The correct starting point for a single burglary of residential premises committed by a first offender of full age where there are no aggravating or mitigating features is 3 years’ imprisonment. 

Aggravating features

12.There are a number of aggravating features.  The commission of burglary by two or more persons is an aggravating feature of sentence[5]. 

13.Mr Lai accepts there was a breach of trust element in that Mr So was the uncle of the defendant[6]. Within one hour of learning his uncle would not be at home the defendant burgled his uncle’s home.

14.The defendant is a persistent offender.  Although the defendant has no previous convictions for burglary he has appeared in court on ten occasions resulting in twenty-two convictions, including convictions for theft, robbery, obtaining property by deception and trafficking in dangerous drugs. The defendant has fourteen convictions for offences of dishonesty.

15.Taking into account all these aggravating features, I enhance the starting point by 6 months to 3 years and 6 months’ imprisonment. 

16.Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 2 years and 4 months’ imprisonment.