HKSAR V.Kam Wah
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DCCC1137/2011 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 1137 OF 2011 ----------------------
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-------------------------- Reasons for Sentence -------------------------- 1.Defendant, you have pleaded guilty to a single charge of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, Cap.210, Laws of Hong Kong, the particulars being that you on 27 August of this year broke into your cousin’s home at the Ground floor and 1st Floor, No.316 Shun Fung Wai, Tuen Mun and stole some $58,000 worth of jewellery including necklaces, bracelets, wrist chains, pendants, gold ornaments and a ring. 2.The Summary of Facts which you have acknowledged as being correct establish that at 1.30 in the afternoon of 27 August, when your relatives returned to the premises they heard a noise coming from the bedroom situated upstairs on the 1st floor. When your cousin’s wife went into the bedroom she found signs of ransacking. You heard your relatives return and jumped out of the window in the bedroom onto the ground and landed in front of your cousin who asked you what you were doing, and you explained that you had come to repair a broken water pipe and escaped. 3.The police were called, you were apprehended quite quickly and virtually all the property was recovered from your rucksack and trousers pocket. 4.You are 43 years of age, married and have two young children. It is right that you do have one previous conviction for theft but it is some considerable time ago now, in 1988, and I will ignore it for sentencing purposes. 5.I am told that you committed this offence out of your feelings of inadequacy towards your wife. You became bankrupt in 2009 due to gambling debts and you now pay off these debts at the rate of $1,500 per month, which comes out of your meagre salary. Greed overcame you and you foolishly chose to burgle your relatives, thinking that if you were caught you could simply return the stolen goods to them and apologise. Of course, by burgling your relatives’ premises in such a way, you have breached their trust in you and naturally compromised their feelings towards you. 6.However, I do note from reading a letter from your cousin, Madam Wong Sze-man, that she and the whole family have forgiven you and indeed even have the grace to pray for leniency on your behalf. 7.You are extremely fortunate to have such decent relatives. Whilst the breach of trust is obviously an aggravating feature, due to the generosity of your relatives, I am prepared to ignore this for sentencing purposes. 8.In sentencing you, I take account of all that has been put before me by way of mitigation, including your plea of guilty. 9.The normal starting point in terms of sentence for a domestic burglary is one of 3 years’ imprisonment. I do adopt that as my starting point. I will discount that by one-third to take account of your plea of guilty, coming to 2 years’ imprisonment.
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