HKSAR v. Yeung Ka Kit, Jonathan
|
DCCC 1018/2011 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 1018 OF 2011 ----------------------------------------------------------
----------------------------------------------------------
------------------------------------------ Reasons for Sentence ------------------------------------------- 1.The Defendant pleads guilty to the charge of Burglary. 2.On 29th July 2011, at about 4: 30 in the afternoon, the Defendant was seen in a secondary school by a school janitor, carrying with him two bags, descending along the front staircase. As the Defendant was neither a student nor staff member of the school, the school janitor questioned him. It was later found out that the bags contained 16 textbooks which were the properties of the school. A report was then made to the police and the Defendant was arrested. Subsequently in a video recorded interview, the Defendant admitted that he had taken the books from the classrooms. The CCTV of the school also captured the Defendant entering and wandering around the school. The cost of the books was about HK$2,209. 3.The Defendant is 35 years old. He is a graduate from the Faculty of Arts of the University of Hong Kong. He was declared bankrupt in April 2009. He was convicted the offence of theft in October 2009 for which he was sentenced for a Community Service Order. He committed another offence of burglary in October 2010 and was sentenced to imprisonment for 16 months. In May 2011, he was convicted of the offence of Undischarged Bankrupt Obtaining Credit and was sentenced for 2 months’ imprisonment suspended for 18 months. 4.In view of the rather peculiar background of the Defendant, upon the invitation of Mr. Richmond, counsel for the Defendant, I ordered that psychiatrist’s report, psychologist’s report and background report of the Defendant be called for. 5.It is noted from the reports that the Defendant came from a middle class family and received very good local educations. After graduation from the university, the Defendant tried different jobs and he was head of the administrative department of a company from 2005 to 2007. However, he quitted the job in 2007 and started to be a private tutor and freelance financial consultant. Like many other people, he suffered significant financial loss on investment in 2008 and was declared bankrupt in 2009. He was then became a dealer in used books. 6.The Defendant also revealed in the interviews his sad story about his deceased girlfriend. She was a teacher in an international school. They had plan of getting married. However, in 2002, after a heated argument with some school janitors in her school she fainted and was admitted into the hospital. She was found to have suffered from heart problems. She passed away in 2003 when she was then pregnant. The Defendant suffered depression as a result and developed hatred against school janitors. 7.The Defendant alleged that he committed the previous and the present offences of burglary for similar reasons. As a used books dealer he has to approach different schools to ask for discarded textbooks. He was often treated rudely by school janitors and he developed the idea of stealing books from schools as revenge as the janitors will be blamed for the loss of school properties. However, he did admit that the stolen books can be sold to satisfy his financial needs. 8.It is the views of the psychiatrist and psychologist that the Defendant does not require psychiatric treatment or psychological service. 9.While I have much sympathy on the Defendant concerning the tragic death of his pregnant girlfriend, I have much reservation to the suggestion that this is the direct cause of his committing the offences. In my view, the Defendant committed the burglary offences mainly out of monetary purpose. This is reflected by his stealing of HK$1,000 from a private student’s home previously, which has nothing to do with rude school janitors. He had done nothing in revenge upon his girlfriend passed away in 2003, but started to commit dishonest crimes in 2009 after his financial condition turned to a mess. In my view, he chose to steal from the schools because it is easy and convenient. 10.I share the views of the psychiatrist and psychologist that the Defendant has little insight to his problem and has little remorse. 11.After release from the prison, the Defendant was offered by his uncle a job to work in Shenzhen but he turned it down. Instead, he chose to burgle again. I see the tendency of the Defendant looking for excuses to justify his misdeeds. In my view, the Defendant has still not realised that he himself is the only one to be blamed. 12.He should realise that he has a very caring family who has given him continuous support throughout. He should realise that he has the opportunity to receive good education that many people in Hong Kong have not. He should realise that he has been given a chance to turn a new leaf to his life, namely, by taking up a new job in Shenzhen but he let it go. He should realise that he is still very young and there will be opportunities open to him. He should realise that he should not give up and let down those who care about him. 13.I have considered all the reports and the mitigation advanced by Mr. Richmond. Apart from the guilty plea, I can see no material mitigating factors. I take the advice of the experts that no psychiatric or psychological services are required by the Defendant at this stage. 14.There is nothing to justify a departure from the usual starting point of 2 ½ years imprisonment for burglary on non-domestic premises. Taking into account his guilty plea, the sentence is reduced to 20 months’ imprisonment. 15.I see no reason not to activate the suspended sentence for the 2 months imprisonment in respect of the offence of Undischarged Bankrupt Obtaining Credit which is to be served consecutively to the 20 months’ imprisonment for burglary.
|