HKSAR v. Chau Shu Ming
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DCCC654/2011 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 654 OF 2011 ----------------------
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-------------------------- Reasons for Sentence -------------------------- 1.Defendant, you have pleaded guilty to one charge of burglary, contrary to section 11(1)(b) and sub-section(4) of the Theft Ordinance. 2.You have admitted that on 23 May 2011 at “12 Inspired”, which was a shop under renovation, you entered as a trespasser and stole therein two electric drills. That shop was located at Cheung Sha Wan Road. You had daringly entered the shop whilst it was under renovation and told a saleslady who was there to oversee the installation work, that you were one of the decoration workers. 3.At the material time, the genuine decoration workers were on their lunch break. You told her that the rear door was not locked and when she went to check the rear door, that is when you stealthily stole the two drills. That was at approximately 1.20 pm. However, about 10 minutes later, whilst you were walking in the street nearby two patrolling police officers spotted you carrying the drills. They intercepted you for enquiry and you said you were a decoration worker. They then asked you where you worked and you took them back to the shop under decoration where you had stolen these drills. 4.You claimed you worked at that shop. However, the decoration workers there denied knowing you or that they had hired you to work there. They also recognised that the electric drills that you were carrying belonged to them. You were therefore arrested and cautioned for burglary. You immediately admitted that you went into the shop and stole the electric drills, intending to sell them out of greed. The drills were valued at $2,600 in total. 5.Mr Leung Ka-lok your solicitor has mitigated fully and thoroughly on your behalf today. I have taken into account all that he has had to say. You are 60 years of age and have 19 previous convictions, which are incorporated within 25 separate charges. You have three similar convictions for burglary. They were committed in 1995 to which you received 6 months’ imprisonment, and two charges in April 2004, to which you were sentenced to 16 months on each charge of which 3 months of one charge was to run consecutive with the other. You have eight previous convictions also for theft. Your last conviction in September 2010 was for theft, to which you were sentenced to 2 months’ imprisonment suspended for 12 months. 6.You committed the present offence during the period of suspension. I have received a letter written by you to myself expressing your remorse, and that after you have served this present offence you have decided to turn anew and reform yourself. Further you will take up voluntary work and not commit any further offences. 7.At the time of the commission of this offence, defendant, you were on CSSA. However, you would earn extra money by collecting newspapers, boxes and soft-drink cans and sell them to subsidise your living. I am informed by Mr Leung that on the day in question, you had gone into the shop to pick up what may be useful, such as paper and plastic. However, when you saw the drills, greed took the better of you and you took the drills. 8.The strongest mitigating factor is your plea of guilty. You are aged 60. I do hope that in your late years in life that your promise to me will be kept and you will stay out of trouble. 9.Defendant you have committed a burglary offence of commercial premises. The guidelines laid down are that of 2½ years’ imprisonment should I have convicted you after trial. However, as you have pleaded guilty I must give you full credit for your plea and reduce that term by one-third. Defendant you shall be sentenced to 1 year and 8 months’ imprisonment. 10.You have committed this offence during the period of suspension imposed upon you for an earlier offence and therefore that sentence of 2 months imprisonment shall be activated. That means you will serve 1 year 8 months plus the 2 months suspension.
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