HKSAR v. Chu Kwok Wai

DCCC745/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 745 OF 2011

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Reasons for Sentence

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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.

2.You admitted the brief facts and I convicted you.  The facts are as follows.

3.You resided in Room 2714 at Hiu Shun House, Hiu Lai Court, Sau Mau Ping.  Room 2514 was two storeys below and vacant.  At about 2.35 pm on 1 June last, PW1, who lived at Hiu Yat House, which was adjacent to that building and about 20 metres away, saw a man climb down the drainpipe from the 27th floor.  He entered the flat two storeys below via a kitchen window. Showing great presence of mind, PW1 videoed this and made a report to the police.

4.PW2, a resident of Room 2614 of that building and one storey above the premises, heard noises from the kitchen.  He saw you climbing outside the kitchen window.  You claimed to have dropped something and were climbing down to retrieve it.  PW2 reported this to security.

5.PW3, who resides at Room 2515, which is opposite the premises, heard noise from therein.  She looked through the iron grille and saw you leaving those premises.

6.PC54515, PW5, arrived and arrested you between the 25th and 26th floor for burglary.  Under caution, you admitted climbing down to the flat to see if there was anything to steal.

7.In a subsequent video recorded interview, you admitted climbing along the drainpipe to the flat below to look for valuables. You used no tools, entering via an open window.  Finding nothing, you left via the main door.

8.PW4, the landlady, said she had moved out in 2006.  The window frame in the kitchen was damaged and the window not secured. She confirmed that nothing had been taken from the premises.

9.At a subsequent identification parade you were positively identified by PWs 2 and 3.

10.You admitted to 13 previous convictions, eight of which involved dishonesty.

11.On your behalf, Miss Tai entered mitigation. She told me at the time of the offence you were under the influence of “Ice”. You had an urge to break into the flat to find something to sell.  You ignored your own safety and you climbed down the drainpipe.  At the time you were suffering from hallucinations.

12.From the time of your arrest you have been entirely co-operative and admitted the offence.  She told me that whilst on remand you have been treated at Princess Margaret Hospital for mental problems associated with your drug addiction.  You have resolved now to give up dangerous drugs, get a job and keep away from crime. 

13.You are a married man with a son of 5.  Both you and your wife were unemployed.  Both of your parents live and you have a younger brother.  You were educated only to Primary 5.

14.I am told that at the time of the offence you knew the flat to be unoccupied, you took nothing, and put no one in fear.  On your behalf, Miss Tai urged leniency.

15.I turn now to the sentence.

16.I do note that you have a very poor criminal record.  I accept that what inspired this crime was your addiction and poverty.  In your favour, I note that you knew the flat to be unoccupied, you committed no damage, there was no breaking and entering, nothing was taken, and no one was put in fear.  I also note that you were entirely co-operative with the police after your arrest.  This is a residential flat but I note it had been unoccupied for a number of years.  Accepting that you knew it to be unoccupied, I am going to sentence you on the basis of non-residential property.  In all the circumstances, I take a starting point of 30 months reduced to 20 months for your plea of guilty.  You will go to prison for 20 months.