HKSAR v. Chui Ka Ho

DCCC820/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 820 OF 2011

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

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

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

Reasons for Sentence

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

1.The defendant has pleaded guilty to all the charges that he faces; a total of 12. Almost all of them are theft offences with two being handling stolen goods. They either relate to vehicles or parts of vehicles, be it number plates or tyres, and in one case a GPS system. These are items that are either for resale or possibly, more seriously, in furtherance of other offences.

2.I do not intend to go through the Summary of Facts, but these offences, the 12 offences, took place over a period of several months between March and May last year and took place all over the New Territories. 

3.When the defendant pleaded guilty and admitted the facts and was convicted, I was informed that he had a clear record.

4.He is only 17 years old.  I do not intend to repeat the background of the defendant, the report is very comprehensive.  The Young Offenders Assessment Panel is of the view that the defendant needs a period of disciplinary training with aftercare supervision.  The reason for that being he has not had much discipline and direction in his life, very young life, for the last two odd years.  He has fallen under the influence of bad elements and peers.  They have taken that into account as well as the seriousness of the offences and recommend a period in training centre. 

5.I have also a report from the Commissioner of Correctional Services which deems the defendant unsuitable for detention centre because he is underweight.  He is mentally and physically fit for detention in a rehabilitation centre or a training centre and there are places available. Ultimately, the report considers him more suitable for detention in a rehabilitation centre. 

6.The defendant’s background is straightforward but he does come from a broken family.  He has spent his formative years with his grandmother and aunt as opposed to his parents.  They have looked after him well but discipline and control clearly was very relaxed.  The defendant’s parents divorced when he was young and his father had since remarried and had another son with his second wife.  His mother, it is not because she does not care, but she works hard and long hours as a property agent.  I had the opportunity to see her give evidence in this trial and clearly she is disappointed but very supportive of her young son and I see that she is in court today to support the defendant. 

7.However, I do have to balance parental support and care with rehabilitation.  I can see why the defendant has, as we colloquially say, “gone off the rails”.  He has no interest in school, left school very young and of course is not going to find any employment to satisfy him or that will give him a direction.  And, obviously, this influence of bad peers has led him to commit these offences. 

8.I can accept the defendant was not the mastermind here and I will accept certainly where Charges 17 and 18 are concerned, he went along with the plan and was not the driver.  When I look at the number of offences, the items stolen and their values as well as the seriousness of, in particular, Charges 17 and 18, as well as the contents of these reports, I am of the view that the Young Offenders Assessment Panel’s observation is appropriate. 

9.Defendant, please stand up.

10.You have pleaded to 12 charges, Charges 1 to 10 and 17 to 18.  I will deal with them, each charge, in the same way; I will order you to serve a training centre order.   And for each charge, each order will be served concurrently.  Do you understand?

DEFENDANT: Understand.

Please refer to CACC540/2011 for the relevant appeal(s) to the Court of Appeal.

Please refer to CACC540/2011 for the relevant appeal(s) to the Court of Appeal.

Please refer to CACC540/2011 for the relevant appeal(s) to the Court of Appeal.