HKSAR v. Kong Ting Shan

DCCC 228/2021

[2021] HKDC 993

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 228 OF 2021

________________________

________________________

________________________

REASONS FOR SENTENCE

________________________

1.The defendant pleaded guilty to a charge of theft of motorcycle.

2.Summary of facts stated that PW1 parked his motorcycle at Luard Road, Wanchai on 4 November 2020.

3.He found his motorcycle was missing on 6 November 2020.  PW1 also found that a set of key for the motorcycle, $2000 cash and his driving licence which were all kept at the tail box were all missing.  The tail box was not locked.

4.On 12 November 2021, when the defendant approached a motorcycle which resemble the missing motorcycle of PW1, PW2 intercepted the defendant.  Upon checking the chassis number, it was confirmed that it was missing motorcycle belonged to PW1.

5.The defendant arrested for an offence of theft.

6.The defendant committed the present offence whist on police bail for another theft from vehicle case.

Mitigation

7.The defendant is now aged 44, single.  He was a casual construction site worker since 2019 and earned a monthly wage of about $11,000.

8.The defendant has a daughter aged 16 and his mother is in her 60’s.  The defendant provides several thousands a month to them for financial support.

9.The defence referred the case of Wong Kai Yuen DCCC 623/2018 to this Court for consideration of sentence.

10.It is a case of theft for 3 motorcycles, each valued in a region of $30,000 to $40,000.  The sentencing judge adopted a sentence of 21 months and enhanced the sentence to 24 months due to his appalling criminal record.

Criminal records

11.The defendant has 43 convictions from 1994 to 2019, 4 convictions of theft, other offences relating to possession of offensive weapon, drug offences, driving cases and handling stolen goods and etc.

Sentence

12.There is no sentencing guideline for this kind of offence.  The value of the motorcycle is one of the sentencing factors to be considered.  The motorcycle worth about $8,000.

13.I have taken into account of all the mitigating factors before me, the only meaningful mitigating factors is his guilty plea.

14.I considered that a starting point of 21 months is appropriate, I further enhance the sentence for another 3 months because of the defendant’s appalling criminal records.  This offence was committed during the police bail, I further enhance another 3 months.  The total sentence is one of 27 months, given 1/3 discount, reduced to 18 months.

15.The defendant is ordered to serve a sentence of 18 months.