HKSAR v. Chan Shut Yee, Gavin

DCCC 1005/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1005 OF 2011

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Reasons for Sentence

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Charge and facts

1.The Defendant burgled the office situated on the first floor of Ten Thousand Buddhas Monastery in Shatin, N.T. in the small hours between 5 and 6 July 2010.  A computer, a camera, and 2 rolls of calligraphy were stolen.  The total value was $6,000.  A ladder nearby had been moved to prop under a window which was prized open.  CCTV captured his image ransacking inside the office.  A report was made to the police.   

2.He was intercepted at Macau Ferry Terminal Control Point on 2 August 2011.  Under caution he admitted committing the burglary with a screwdriver and the ladder.  He had sold the computer and the camera for $2,000 in China but had discarded the rolls of calligraphy and the screwdriver. 

Personal background and mitigation put forward

3.He is now 38 years of age.  He studied up to F. 5.  He last worked as a clerk in a construction site in China before arrest.  His income was RMB4,000 per month.  He has 25 previous convictions for burglary, the last of which is dated 2008.  He has paid a voluntary compensation of $4,000 to the owner before sentence.     

Sentencing guidelines for non-domestic premises

4.In R v Wong Man [1993] 1 HKC 80, the Court of Appeal suggested 2 ½ years as the starting point for non-domestic premises for a first offender of full age (as per Macdougall JA), as later affirmed in HKSAR v Sim Ka-wing, CACC 450/2000.

Sentencing this Defendant

5.Given the sentencing guidelines and his recidivism, I take a starting point of 3 years.  I give a one-third discount for the plea of guilty.  I give a further 2 months for the compensation.  There are no other mitigating factors.  The sentence is 1 year and 10 months.