HKSAR v. Wong Ching Lung

DCCC1075/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1075 OF 2010

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a single charge of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, Cap. 210 of the Laws of Hong Kong, the particulars being that you, on 22 May of this year, entered the Lai Sha Beauty Salon in Oi Man Commercial Complex, Oi Man Estate, and stole cash of $12,270.

2.The brief facts which you have admitted show that at the material time you worked in this hair salon as a salon assistant. You were aware that PW2, one of the hairdressers who worked in the shop, kept the keys to the premises in his rucksack.  During the lunch break on 22 May you took the opportunity to take the keys from PW2’s rucksack and have duplicate keys made.  After the premises had been locked up for the night you returned to the premises and gained entry by using the keys that you had earlier obtained. You opened the cashier drawer with one of the keys and stole the money which was contained therein. 

3.You are 30 years of age, single, and have an unfortunate background having been abandoned by your parents when you were only 6 years of age.  As a consequence you have resorted to committing crime in order to get quick money and have no less than 12 previous convictions, 11 of which are for theft and one previous conviction for burglary.  By committing the present offence you have breached the trust placed in you by your employers.  This, together with your previous criminal record, is indeed an aggravating feature. 

4.The proper starting point for burglaries of commercial premises is one of 2½ years’ imprisonment.  I adopt that as my starting point, but will increase it by 6 months to reflect the aggravating features that I have identified, coming to 3 years’ imprisonment.  You are entitled to a full one-third discount to reflect your plea of guilty to this charge.  You are therefore sentenced to a term of 2 years’ imprisonment.