HKSAR v. Chon Shing Ming

DCCC 150/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 150 OF 2012

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Reasons for Sentence

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1.The defendant has pleaded to one count of burglary, contrary to Section 11(1)(b) and (4) of the Theft Ordinance, Cap 210.

2.Facts admitted by the defendant disclose that the premises located at No 46 Tung Fong Tsuen, Po Lau Road, Kwu Tung, New Territories, was the vacation home of PW1 Cheung Tat-fong and his family.  He and his family would spend 1 to 2 days at the premises during the holidays.  On 15 November 2011, PW1 secured the premises, closing all the doors and windows, and left.  On 30 November 2011 at about 1220 hours, PW1 returned to the premises and went into the bedroom, and found an unknown person sitting on the bed.  He went out of the premises and made a report to the police.  When he returned to the premises, he found the person had gone.  He checked the premises and found that 2 air-conditioners, which were originally mounted in the living room and the bedroom, were missing.  Police searched the premises and found a wallet on the bed, which contained the personal items of the defendant including his Hong Kong identity card and Home Visit Permit.  The defendant was intercepted by police officers on 23 December 2011 in Lok Ma Chau.  Under inquiry, he admitted that he had left his Hong Kong identity card in a house on Po Lau Road and that he knew the police were looking for him.  He was arrested and cautioned and admitted entering the premises in question and stealing from the premises because he knew the premises were unoccupied.  He had stolen the two air-conditioners and sold them in Sheung Shui for HK$400.

3.The defendant is aged 32 years and has attained education up to Form 3.  He is single and lives alone.  Prior to his detention for the present offence, he was unemployed.  Because of his poor financial situation and out of greed, he committed the present offence.  The defendant is not a man of clear record – his record dates back to 1998.  He has had 10 previous court appearances with 13 previous convictions, of which 8 are dishonesty related and 2 are similar to the present offence. His last conviction was in 2010 when he was sentenced to 25 months’ imprisonment in total for two counts of burglary.  He was last released from prison in June 2011.  The present offence was committed shortly after his release from prison.

4.Upon his arrest, the defendant made a full confession to the police.  His plea today also reflects his remorse.  Save for his plea, there is really little mitigation of weight before me.

5.The proper starting point in a case of burglary of domestic premises in the absence of aggravating or mitigating factors for an adult offender of clear record is 3 years’ imprisonment.

6.Having considered all that had been urged upon me, in my view the appropriate starting point is one of 3years’ imprisonment. He is entitled to the usual one-third discount for his plea. He is sentenced to 2 years’ imprisonment.