HKSAR v. Leung Ho Chun

DCCC 159/2021

[2021] HKDC 1357

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 159 OF 2021

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REASONS FOR SENTENCE

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1.The defendant pleads guilty to one charge of burglary of a claw machine shop in Yau Ma Tei, 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.  In summary at around 2 a.m. on 15 October 2020 Ms Yeung, a staff member of the shop, put about two thousand $5 coins in the coin exchange machine and then got off work.

3.At around 3 a.m. the same morning the defendant and an acquaintance, Mr Yu, went to the shop.  Mr Iu informs the court that at that time no staff were working inside the shop.

4.The defendant wandered around the shop while Mr Yu was playing a claw machine.  Mr Yu heard a bang sound and saw the defendant tampering with the coin exchange machine.  The defendant poured coins from the machine into his backpack and then left the shop.

5.At around 4 a.m. a customer informed Ms Yeung that there were no coins in the coin exchange machine.  Ms Yeung returned to the shop and found the lock of the coin exchange machine was damaged and all the $5 coins missing. 

6.A report was made to the police.  CCTV footage of the shop captured the defendant prizing open the door of the coin exchange machine with a bolt cutter and pouring the coins into his backpack.   Screen captures from the CCTV footage have been submitted to court.

7.At around 10:28 p.m. the defendant was arrested in room 108 of the Mini 18 Hotel in Yau Ma Tei where he had been staying since early October 2020.  The police recovered a bolt cutter from the room.  I have looked at the bolt cutter which was brought to court today.

8.In a video recorded interview, the defendant admitted, inter alia, that he went to the shop to steal money; he used the bolt cutter to damage the lock of the coin exchange machine and poured all the coins from the machine into his backpack which he later exchanged for banknotes at a nearby newsstand.

Mitigation

9.In passing sentence, I have carefully considered the oral and written submission of Ms Lo, including that the defendant, who is 23 and single, committed the burglary because he was unemployed and in financial difficulty at the time[2]. 

10.Ms Lo informs the court today that the defendant is determined to rehabilitate himself and that on release from prison he will leave Hong Kong and go to China to start a new life. 

Burglary

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

12.Ms Lo submits the burglary was a simple one person burglary and asks for a lenient sentence[3].  I do not agree this was a simple burglary.  Although the defendant did not break into the shop he equipped himself with a bolt cutter to commit the burglary which, in my view, is an aggravating factor[4]. I enhance the starting point by 3 months to 2 years and 9 months’ imprisonment. 

Persistent offender

13.Notwithstanding his relative young age, the defendant has a poor criminal record.  The defendant has appeared in court on 9 occasions and has been variously sentenced to probation, Rehabilitation Centre and imprisonment.   

14.In 2017 the defendant was sentenced to 21 months’ imprisonment for an offence of burglary.  On 8 February 2020 the defendant was sentenced to a total of 8 months’ imprisonment for possession of a dangerous drug and possession of an offensive weapon.  The defendant was released from prison on 21 April 2020.  Just less than six months later the defendant committed the present burglary.

15.I am satisfied the defendant is a persistent offender and enhance the sentence by a further 3 months to 3 years’ imprisonment.

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