HKSAR v. Kwok Tak Man

DCCC1136/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1136 OF 2010

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

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

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

Reasons for Sentence

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

1.Defendant, you pleaded guilty to a single offence of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, Cap.210. You admitted the Brief Facts and I convicted you.

2.Those facts are as follows.  Capstone Education Centre is located on the 5th Floor, Phase 1, China Taiping Tower, 8 Sunning Road, Causeway Bay.  The premises are owned by PW1.  On 13 September of this year, at about 1448 hours, PW1 returned to the premises and left his wallet on his desk.  It contained $2,180.  He left his office and the door was open.

3.At about 1545 hours, PW1 was at the reception. He saw the maid of one of the students leaving the premises.  The maid opened the door and you walked into the premises through the open door.  He saw you turn left and walk towards the tutorial rooms.  He did not see you come out, so he went to look.  He found you in his office.  You claimed you were looking for the tutorial centre.  PW1 then took you to the door of the premises and asked his colleagues to call the police.  You took out $2,180 and told PW1 that you would return the cash.  PW1 returned to his office and found the cash missing from his wallet.

4.The police arrived at 1602 hours.  You were arrested and cautioned and admitted to stealing the cash.  You admitted to seven previous convictions.  Six involved crimes of dishonesty.

5.On your behalf, Mr Yeung entered mitigation.  He told me that you are 35 years of age, educated to Form 2, and you reside with your mother, your parents being divorced.  You have been unemployed since 2009 and you committed the present offence because of financial need and also because of greed.  You were freely allowed to enter the premises, and the victim was negligent in leaving his wallet on the desk. However, he did accept that you should not have succumbed to temptation and asked for leniency on your behalf.

6.Defendant, this is a burglary of non-domestic premises.  There is no mitigation other than your plea of guilty.  I can see no reason to depart from the usual tariff.  I therefore take a starting point of 30 months' imprisonment, reduced to 20 for your plea of guilty.  You will go to prison for 20 months.