HKSAR v. Kwok Chun Fung

DCCC 1197/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1197 OF 2011

------------------------

------------------------

---------------------------

Reasons for Sentence

---------------------------

Charges and facts

1.The Defendant pleads guilty to 2 charges of burglary.  He had entered a non-residential village house in Lok Ma Chau, N.T. where CSL (victim of 1^st Charge) and China Mobile (victim of 2^nd Charge) each held in its switch box cables and equipment for telecommunication networking.  Upon discovery of the 1^st Charge which resulted in the loss of $8,000 worth of cables and the severance of electricity and signal transmission, CSL staff reported the matter to the police.    

2.Not long after, the police laying ambush around spotted the Defendant climbing into the premises through a window.  The Defendant then hammered on the padlock of the switch box of China Mobile with a pair of pliers (2^nd Charge).  He fled upon sight of the police but was soon intercepted wearing a pair of gloves and still holding the pair of pliers. 

3.After arrest and caution, he first denied but later admitted the offences.  He had sold the stolen cables for $200.   

Personal background and mitigation put forward

4.He is 39 years of age, F. 3 education level.  He last works as a casual decoration worker.  He is living with his paternal grandmother who has brought him up since his mother left him when he was only a toddler. 

5.He is a recidivist for theft as reflected in his records of 7 previous for theft, 1 for going equipped for stealing and 1 for burglary (in the stealing of electric and copper wires from a construction site) from 2003 to 2007.  This is an aggravating factor for his sentence.    

Sentencing guidelines for non-domestic premises

6.In R v Wong Man [1993] 1 HKC 80, the Court of Appeal stated that the proper starting point for non-domestic premises would be 2½ years’ imprisonment for a first offender of full age.  In HKSAR v Sim Ka-wing Cr App 450/2000, the Court of Appeal stated that such starting point would apply to burglaries with no aggravating features.   

Present sentence

7.Owing to his recidivism for theft-based offences, I take a starting point of 3 years for each charge.  I give a one-third discount for the plea of guilty.  There are no other mitigating factors.  The sentence is 2 years for each charge.  As each offence formed an integral part of a single transaction, I order the sentences to be concurrent.