HKSAR v. Soo Siu Kwong

DCCC419/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 419 OF 2011

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a single offence of Burglary contrary to sections 11(1)(b) and (4) of the Theft Ordinance, Cap.210.

2.You admitted the facts and I convicted you.

3.The facts were as follows.

4.The premises involved are located at 11 Shek Pai Street, Kwai Chung.  This was formerly a school which was being redeveloped.  It had been vacant since September 2010.  It was surrounded by a metal fence; all entrances were secure and it was guarded.  Around 3 pm on 19 March last the police received a report of someone climbing the fence.  Officers attended at 3.16 pm and you were seen climbing over the metal fence.  You were alone and wearing white clothes. 

5.At seeing the officers you hurriedly walked down some steps leading to Shek Lei Street.  You ignored the police order to stop and abandoned the gloves, two paper cutters and a screwdriver.  These were recovered later.

6.You were intercepted and subdued after a struggle.  On arrest and caution you admitted to having the gloves and the paper cutter for cutting electric wires in the school.  The premises were inspected and a rucksack found containing pliers, two screwdrivers and two pieces of wire.  In a subsequent interview with you under caution, you said inter alia that you had entered the school, taken two pieces of wire from the meter room. 

7.You admitted to 21 previous convictions on 18 occasions.  This is included one burglary offence and other crimes of dishonesty. 

8.Ms Tang, on your behalf, entered mitigation. She told me that you are 38 years of age; single and had been a taxi driver formerly until rendered unemployed because of a traffic accident.

9.You committed this offence as you were short of money.  You live with your elderly mother whom you care for and provide $1,000 a month.  She stressed your plea of guilty and the low value of the goods you took.  She asked me for leniency on your behalf and produced a letter that you had written.

10.I turn now to the sentence.  Defendant, you have a very poor criminal record including many crimes of dishonestly in the past. The burglary itself was premeditated.  You went to those premises with the various items in order to steal.  However, I do accept that the value of the goods taken appears to be very low.

11.Taking all matters into account, I can see no reason other than to impose the usual sentence for this type of non-domestic burglary.  I therefore take, as a starting point, 30 months’ imprisonment reduced to 20 months for your plea of guilty.  You will go to prison for 20 months.