HKSAR v. Wo Yan Lung

DCCC 1134/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1134 OF 2012

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Reasons for Sentence

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1.Wo Yan-lung, you have been convicted on your own pleas of 10 offences of theft and 9 offences of attempted theft.

2.The offences took place over a period of five months in various places in Hong Kong.  They were all similar.  On each occasion, you went to a multi-storey car park, identified a parked car and smashed a window of that car in order to steal.  You have told the police that you used a stone to smash the windows of the cars.

3.The offences of theft represent the incidents where you found something worth stealing.  In most cases, it was simply a small sum of money.

4.The offences of attempted theft represent the incidents where having gained access to the vehicle in question, you found nothing worth stealing.  In terms of property stolen, the loss to the owners of the vehicles was probably not very significant.  Considerably more significant is that they had to go to the trouble and expense of replacing the windows of their vehicles which you had smashed.

5.You have an appalling criminal record.  Time and time again you have been before the courts for offences of dishonesty.  Of the 198 offences of which you have been found guilty in the past, 48 of them have involved theft from a vehicle and 7 attempted thefts from a vehicle.  

6.You are now 47 but it is apparent you have spent your whole adult life in and out of prison.  You were last released from prison on 16 March last year and within a matter of days, you were committing the offence of theft from vehicles yet again. 

7.The courts have laid down no guidelines when it comes to sentencing offences such as this.  Circumstances of each case and each offender must be considered.  In your case, this court has to bear in mind that previous sentences passed by the courts have failed to deter you from repeating offences of dishonesty.  While I consider a starting point of 18 months’ imprisonment is appropriate in respect of each individual offence, I consider an overall starting point of 45 months’ imprisonment is appropriate.  You have pleaded guilty and are therefore entitled to the usual discount of one-third. 

8.On Charge 1, I sentence you to 12 months’ imprisonment.

9.So far as Charges 2 to 7 are concerned, I pass a sentence of 12 months’ imprisonment on each charge, to run concurrently with each other but 6 months of which are to run consecutively to the sentence on Charge 1.

10.So far as Charges 8 to 13 are concerned, I sentence you to 12 months’ imprisonment on each charge, the sentences to run concurrently with each other but 6 months of which to run consecutively to the sentences on Charges 1 to 7.

11.On Charges 14 to 19, I sentence you to 12 months’ imprisonment on each charge, to run concurrently with each other 6 months of which are to run consecutively to the sentences on Charges 1 to 13.

12.That means the total sentences I pass today are 2 and a half years’ imprisonment.