HKSAR v. Fong Chung Wai

DCCC589/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.589 OF 2010

--------------------

--------------------

---------------------

Reasons for Sentence

---------------------

The defendant is charged with burglary, contrary to section 11(1)(b) and (4) of the Theft ordinance, Cap.210.

The defendant pleaded guilty and admitted the facts, he was convicted accordingly.

Facts

In between 7:00pm on 11 September and 6:30am on 12 September 2009, the defendant burgled Hoi Lin Restaurant at ground floor, No.32 Tso Kung Square, Tsuen Wan. The defendant prized open the rear door and the 3 drawers at the cashier counter and, stole a cash container together with some coins of HK$1,600.00.

The defendant’s finger print was found outside the surface of a drawer at the cashier counter.

This was a burglary of non-domestic premises. I noted the value of the stolen goods is on the low side.

The defendant aged 19 and currently serving a training centre order for similar offences committed in July 2009. The defendant was arrested on 9 November 2009 for the July burglaries and remanded since then. The defendant was arrested for the present offence on 15 January 2010. Should the present case be heard together with the July burglaries, the defendant would probably be sentenced to a concurrent training centre order.

An up-dated training centre report was called for the defendant. It is commented that the defendant had no adjustment problem and was able to adopt a positive attitude towards the training after his admission. The defendant maintained a proper working attitude during his vocational training. The defendant appeared to be polite during the interview and sense of remorse was noted on him; he admitted he committed the current offence out of his greediness as he wanted to make fast money for his merriments, and showed insight towards his past misbehaviour and misdeeds.

Defendant’s mother was interviewed for social enquiry and she showed great concern for the defendant. She promised that she would pay regular visit to him and showed great support towards his rehabilitation.

It is recommended that in order to help defendant to gain more insight into his problems and make reflection to his past misdeeds, another period of comprehensive disciplinary training including educational and vocational is beneficial to him.

It is encouraged to see the improvement of the defendant since his remand. I agreed with the recommendation of the report, and consider the defendant would benefit from another period of comprehensive disciplinary training at the training centre.

I am satisfied that it is in the interest of the community and that having regard to the defendant’s character, his performance at the training centre and the circumstances of the offence, it is expedient for his reformation and for the prevention of crime that he should undergo a concurrent period of training in a training centre.

Order

The defendant is sentenced to serve a training centre order concurrent with DCCC 1352/2009