HKSAR v. Promthong Arnon

DCCC 1156/2012 & 1153/2012
(Consolidated)

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NOS 1156 & 1153 OF 2012 (CONS)

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Reasons for Sentence

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1.Defendant, you pleaded guilty to nine offences of burglary, contrary to sections ll(l)(b) and (4) of the Theft Ordinance, Cap.210, and to a single offences of failing to surrender to custody without reasonable cause, contrary to section 9L(1), and (3) of the Criminal Procedure Ordinance, Cap.221.  You admitted the brief facts and I convicted you.

2.The brief facts are as follows.

Charge 1

3.PW1 lives with her elder brother, PW2, and his girlfriend, PW3, at Flat D, 2nd Floor, Block C, Grandview Garden, 71 Pau Chung Street, To Kwa Wan. 

4.At around 6.30 pm on 30 June last year PW2 and PW3 left the flat secure.  However, the balcony door was not locked.   At around 3.00 am next day PW1 returned to the flat to find the flat ransacked, but the main door and iron gate intact. 

5.The goods listed in Charge 1 were found missing from PW3’s bedroom.  The total value of the goods was $43,900.  The police were called. 

6.At around 5.29 am on 3 June of last year you phoned PW3 and apologised without saying why.  She suspected it was you that burgled the flat.  At around 9.3O pm that day PW3 went to Ping Chek Estate to locate you, and also informed the police.  You were located at the staircase of the 2nd Floor, Tsui Shek House, Ping Check Estate, and intercepted by the police.  PW3 identified a Gucci belt and watch worn by you as hers; also the camera found in the bag you carried.

7.You were arrested and under caution remained silent.  In a subsequent video recorded interview under caution you denied the offence. 

8.CCTV revealed you and a female enter the building at around 8.04 pm on 30 May and leave by the rear exit at 8.40 pm. 

Charge 7

9.You were charged with burglary on 6 June of last year and bailed to appear at Kowloon City Magistrates’ Court on 15 August, but you failed to appear. 

Charges 2 to 6 and 8 to 10

10.The burglaries occurred at various storerooms at Ping Shek Estate, Kowloon.  The estate comprised six blocks, each with two storerooms A and B which are rented out to residents.  Each has a locked wooden door and no window. 

11.Between July and September of 2012 the storerooms were found ransacked and property missing.  Seven reports were made to police. 

12.PW4 is the tenant of Storeroom A, 9th Floor, Kam Shek House, and the sole key holder.  On 16 July of last year at noon he left it secure.  He returned at l.45 pm on 28 July to find ransacking and fine bottles of wine valued at $2,250 missing - Charge 2.

13.PW5 is the tenant of Storeroom A, 17th Floor, Lam Shek House, and the sole key holder.  She left it secure at 11.00 pm on 5 August of last.  Around ll.30 pm on 28 August she returned to find a cardboard box containing a DVD player and speakers missing.  They were worth $800 - Charge 3.

14.PW6 is the tenant of Storeroom B, 12th Floor, Kam Shek House, and the sole key holder.  Around 5.00 pm on 6 August of last year he left it secure.  Around 10.30 am on 8 August he returned to find 48 bottles of detergent valued $500 missing - Charge 4.

15.%'>15.     PW7 is the tenant of Storeroom A, 16th Floor, Wong Shek House, and the sole key holder.  On 6 August of last year he left the storeroom secured and returned at 7.00 pm on 8 August to find it ransacked and six bottles of brandy valued at $2,000, two jade bracelets valued at $2,500, and a bottle of coins worth $600 missing - Charge 5.

16.PW8 is the tenant of Storeroom A, 13th Floor, Tsui Shek House, and the sole key holder.  In early August 2012 he left it secure. He returned at about 7.30 pm on 26 September to find ransacking and six bottles of brandy worth $1,800 and a fish tank valued at $50 missing - Charge 6.

17.PW9 is the tenant of Storeroom A, 8th Floor, Kam Shek House, and the sole key holder.  She left it secure on 29 August last at around 9.30 pm.  On 30 August at about 6.30 pm she returned to find ransacking and $6,000 and a gold ring worth $4,000 missing - Charge 8.

18.PW10 is the tenant of Storeroom A, 14th Floor, Wong Shek House, and the sole key holder.  She left it secure on 18 September of last year.  At around l.00 pm on 25 September she returned to find ransacking and a printer valued at $l,000, a box of old stamps worth $3,000, a box of clothes valued at $l,000, and copy documents missing - Charge 9.

Charge 10

19.At around ll.20 pm on 6 October last police saw you come from Storeroom A on the 14th Floor of Tsui Shek House.  You were carrying a plastic bag containing three rolls of cloth worth $5,000.  You tried to flee but you were intercepted.  The police found a torch in your trouser pocket. 

20.Arrested and cautioned for burglary you admitted stealing from the storeroom.  You also were arrested for Charge 7, failing to surrender to custody.

The police investigation

21.From the storeroom the police found a plastic laminate at 16 centimetres by 10 centimetres.  That was not the property of the owner.  The tenant of the storeroom, PW7, identified the cloth as his.  Fingerprints connected you to Charges 8 and 9.  Your home premises were searched, but nothing was found. 

22.You admitted all the offences except Charge 10, which you denied in a video recorded interview.  You admitted that in respect of each charge that you had sold all the goods taken and spent the money. 

23.You admitted to 12 previous convictions on 10 occasions, three of which related to dishonesty.  You also accepted there were previous instances of you absconding.

24.On your behalf Miss Chan entered mitigation. She told me that you had written a letter which she produced, and this had been written with the help of another inmate.  In that letter, amongst other things, you expressed your remorse and your intention to break away from crime.  I was told that whilst in prison you intended to learn a skill.  I understand your girlfriend is now five to six months pregnant and you hope to get out as soon as possible in order to care for her and the baby. You came from Thailand with your mother in the l990’s.  You had found it impossible to obtain work as you could not get a permanent ID card due to your instances of imprisonment. 

25.Miss Chan said that your remorse was evidenced by your phone call to PW3 in respect of Charge 1 when you apologised.  Prior to arrest you had resided with your grandmother who is aged 75 and she is in receipt of CSSA.  Your father died many years ago, and your mother and younger brother reside separately. 

26.She submitted that whilst Charge 1 was a domestic burglary, Charges 2 to 6 and 8 to 10 were non-domestic, and I accept that. 

27.It was agreed that the overall value of the goods missing to be around $65,000. 

28.Miss Lee on behalf of prosecution submitted two sentencing authorities relating to multiple burglaries.  Those were HKSAR v Fan Kit Hung, CACC 62 of 2009 and HKSAR v Hui Yee Lung, CACC 406 of 2011. 

29.Miss Chan submitted that each case had to be dealt with on its particular facts, and the ones referred to were more serious than the present matter.  Quite properly, she reminded me of the principle of totality and asked me to be lenient.

30.I turn now to the sentence. 

31.The offences constitute quite a spree or catalogue of burglaries.  The majority were committed whilst you were a fugitive, having failed to answer your bail to court.  I note that for a man of 28 you have a substantial criminal record.  In your favour I note that you were co-operative on arrest.  There is no question of you breaking and entering, and that you have demonstrated your remorse by your pleas of guilty. 

32.I have read, considered, and taken into account the letter that you wrote to me.  Also I noted the two sentencing authorities, but I do tend to agree with Miss Chan that they are somewhat more serious than this present matter.  I have observed the principle of totality.  Whilst there are no actual convictions for absconding, I do note that you have absconded on bail before.  This is accepted by defence. 

33.The following sentences will be imposed. 

34.On Charge 1, I take a starting point of 36 months’ imprisonment, that is 3 years, reduced to 24 months, 2 years.  In each case the reduction is for your plea of guilty. 

35.On Charge 2, that being non-domestic premises, I take a starting point of 30 months’ imprisonment reduced to 20 months.  16 months will be imposed consecutively and 4 months concurrently.

36.Charges 3, 4, 5, and 6, I impose exactly the same sentences, 13 months’ imprisonment on each reduced to 20 months.  They will be served all concurrently. 

37.Charge 7 is the offence of absconding and I take as a starting point there of 3 months’ imprisonment, reduced to 2 months for your plea of guilty, and that will be imposed consecutively. 

38.Charges 8, 9, and 10, I impose exactly the same sentences, 13 months on each reduced to 20 months for your plea of guilty.  These will all run concurrently.  This makes a total of 42 months’ imprisonment.

	Tallentire
	District Judge