HKSAR v. Kwok Chun Ping

DCCC 984/2020

[2021] HKDC 366

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 984 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.  

3.In summary since 1990 Madam Chiu lived with her family in Room 2016, Lai Yeung House, Lee Cheng Uk Estate in Cheung Sha Wan.  The defendant is the eldest son of the family.

4.Due to his relationship with the family turning sour the defendant moved out of the family home in 2011 at which time the defendant surrendered the keys to the home.  Thereafter Madam Chiu did not permit her son to return home.

5.In October 2019 Madam Chiu lived together with her younger son and youngest daughter. At 8:30 a.m. on 17 October 2019 the younger son was the last to leave home. The younger son closed and locked the door and metal gate.

6.At 4:45 p.m. the same day when Madam Chiu returned home she found the drawer of the TV cabinet in the living room was open and that $24,000 and two mobile phones were missing.  Madam Chiu reported the matter to the police.

7.Enquiries were made with the security guard of Lai Yeung House who recalled having seen the defendant enter the building at around 10 a.m. on 17 October 2019.

8.The defendant was arrested on 26 July 2020.  Under caution the defendant admitted, inter alia, using a piece of cardboard to unlock the lock of the metal gate, breaking into the home and stealing the money and the two mobile phones.

Mitigation

9.In passing sentence, I have carefully considered the oral and written submissions of Mr Wong, including that the defendant who is 40, separated from his wife and works as an air conditioning worker, is a drug addict.  Mr Wong explains that the defendant was expelled from the family home because of his drug addiction[2]. 

10.The defendant says that he did not intend to burgle the family home but finding no one at home he thought of sneaking in to steal valuables[3].

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. 

12.This was a mean offence in which the defendant broke into his family home and stole a significant amount of cash and two mobile phones.  I am satisfied a starting point of 3 years’ imprisonment is appropriate.

13.Although the defendant has a previous conviction for burglary in 2012, taking into account his last conviction for an offence of dishonesty was in 2013, I do not enhance the starting point by reason of previous offending.

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