HKSAR v. Yeung Kam Chuen

DCCC490/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 490 OF 2011

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Reasons for Sentence

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1.Defendant you were convicted upon your guilty plea of one charge of Burglary.

2.In sentencing I take into account the whole circumstances of the case including its nature and facts, your background and mitigation put forward by learned counsel on your behalf. 

3.The facts of the case are straightforward.  The victim and you were neighbours living in separate rooms erected on the rooftop of a domestic building.  On the day in question, the victim left her room in the morning.  When she returned in the early afternoon she watched the CCTV she installed and saw you searching and ransacking her wardrobe at a time about 10 minutes after she had left the room.  She then found out a mobile phone worth about $1,600 had been lost.  She at once made a report to the police.  Soon a police officer arrived and arrested you at your own room.

4.Under caution you admitted that you had entered the victim’s room and stole her mobile phone.  Upon search the stolen mobile phone was found.  Subsequently you made further admission under caution.  You said on that day you discovered you had no money.  You went to knock on the door of the victim’s room and found nobody there.  You picked up at a rubbish bin a cardboard to open the door and went inside the room to see if there were any valuables.  You ransacked the wardrobe and took the mobile phone intending to sell it in the afternoon.

5.I informed that you are 37 years of age and are single.  Your father is 70 years old and your mother 65.  You have a younger sister who is suffering from Downs Syndrome.  The parents rely heavily financially on you.  You have received education up to Form 3 and have worked for about 20 years as a plumber and decoration worker.  You became unemployed about two months before the incident.  I am told that you are a first time offender.  I am further told and am satisfied that commission of this offence was out of your character; you did it in the spur of the moment and are now remorseful. I am also satisfied that it is unlikely that you will offend again. 

6.Offence of this nature normally calls for an immediate custodial sentence.  In all the circumstances I see no reason to depart from the norm.  The starting point usually adopted for burglary cases occurred in domestic premises is three years.  Although I accept that you did in on the spur of the moment, I do not think this was a case of opportunist burglary.  When you entered the room you knew it was empty but the chance of confrontation upon the return of the occupier was still there.  Your counsel stressed that the value of the stolen property was not that substantial and that you exercised constraint in the course.  You however did ransack the wardrobe. 

7.Even if there is sentencing guideline it is not a straightjacket.  In all the circumstances, I am of the view that a starting point of 2 years and nine months is appropriate and sufficient to reflect the degree of seriousness of the present case.

8.You pleaded guilty and therefore you are entitled to a one-third discount.  I am prepared to give you one further month of discount for your clear record and other matters which your counsel said during mitigation.  For these reasons I sentence you to 21 months’ imprisonment.