HKSAR v. Eniningsih

DCCC 1016/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1016 OF 2012

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Reasons for Sentence

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Charge and facts

1.The defendant pleads guilty to the burglary of a domestic unit in Chevalier Garden, Ma On Shan. 

2.Ms Lam ("Lam")lived in Flat D whereas Madam Chow ("Chow"), her mother-in-law, lived in the adjacent unit, Flat C. Lam kept in the drawer of her room a set of keys to Chow's flat. The defendant was an Indonesian domestic helper employed by Lam since February 2011. She worked in Lam's flat and had no authority to enter Chow's flat.

3.In between July and August 2012, Chow discovered a total of $2,000 placed in Flat C missing. She and Lam installed a CCTV camera in Flat C. In the evening of 12 September 2012, the CCTV footage of the day showed the defendant having entered and ransacked Flat C at between 11:21 a.m. and 11:31 a.m. Nothing was stolen. Lam reported to the police.

4.On 14 September 2012, PC 12917 arrested the defendant. Under caution she admitted having taken the spare key of Flat C from a place in Flat D to gain entry into Flat C with the intent to steal. She denied having stolen money beforehand from Flat C.

Personal background and mitigation

5.The defendant is 28 years of age.  She has a clear record.  She studied up to F. 3 in Indonesia.  Her parents and 5 married elder sisters live in Indonesia.  Her solicitor in mitigation accepts that it was an indirect breach of trust to steal the key from Flat D.

Sentencing considerations

6.In R v. Chan Yui Man, CACC 36/1988, the Court of Appeal held that in burglary of domestic premises, 3 years would be the proper starting point for a first offender of full age.

7.In HKSAR v. Cheung Mee Kiu [2006] 4 HKLRD 776, the Court of Appeal laid down sentencing guidelines for offences involving breach of trust. For a loss of $250,000 or less, the sentence would be 2 years or less.

Sentencing present defendant

8.She had ransacked Flat C for 10 minutes.  Although there was no property stolen from Flat C, the sentence has to be aggravated by her indirect breach of trust in stealing the key, which was a most effective tool, from her employer's charge for entry into Flat C. In the circumstances, I take 3 years as the starting point. The only mitigating factor is her plea of guilty. After the one-third discount, her sentence is 2 years.