HKSAR v. Ching Kin Wan
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DCCC 419/2013 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO 419 OF 2013 ----------------------
--------------------- Reasons for Sentence --------------------- 1.The defendant pleaded guilty to charges of burglary and attempted burglary. Both offences were committed in the early hours of the morning of 3 March 2013 at adjacent locked-up shop premises on Castle Peak Road in Yuen Long. 2.The facts admitted by the defendant disclosed that a Mr Peng (PW1) rented shop A1 on the ground floor of the building at 161 Castle Peak Road; he sold household goods. A Mr Chan (PW2) rented the shop premises next door; he sold clothes and umbrellas. The two units had roller shutters and were separated by a wooden board. 3.Mr Peng was in the habit of leaving the keys for his roller shutter underneath the shutter to facilitate the delivery of goods. Some goods were delivered at 7 pm on 2 March and the keys for the roller shutter were placed under the roller shutter. 4.Mr Chan left his shop at 8 o’clock on 2 March, having secured the roller shutter. 5.At 0043 hours on 3 March, the police received a report that a burglary was taking place at the shops. 6.A few minutes later, a police officer arrived at the scene and found the defendant inside Shop A1. The officer noted that there were three bent iron poles on the ground beside the defendant. The officer searched the defendant and found the keys to Shop A1 at the right pocket of his trousers. The officer contacted Mr Peng, who said that he did not know the defendant. 7.The defendant said that he saw the keys under the roller shutter of Shop A1 and, having checked to make sure there was nobody around, he used those keys to enter the shop to see if there was anything worth stealing. Having decided that there was nothing worth stealing in that shop, he saw inside the premises the three iron poles which he then used to prise the wooden board between Shop A and Shop A1 and he frankly admitted that he intended to enter that shop in order to steal the clothes inside. 8.The defendant has a number of previous convictions. He has been before the court on 18 previous occasions in respect of 19 offences, his last offence being in 2008 when he was sent to the Drug Addiction Treatment Centre for possession of dangerous drugs. 9.As regards offences of dishonesty, however, his last conviction was in 1997 and there are three previous theft convictions: again in 97, one in 95 and the other for burglary in 1990. Most of his convictions are for drug-related offences. 10.I was told that the defendant, who is 40 years of age, was educated to Form 3 standard. He has been unemployed since 2003. 11.I am told by Mr Ting that the defendant suffers from diabetes and has suffered from that since 1992. Unfortunately, he also has epilepsy and this has resulted at one time in his suffering brain damage because of lack of oxygen and this has affected his mental faculties. Because of his health problems, he has had difficulty securing any employment and relies on public handouts. 12.I am told that in September 2012 he started taking “Ice” and this has seriously impaired his judgment. 13.I am told that on the evening of the offence, he had taken alcohol and drugs. He had had an argument with his wife and he was in the vicinity of the shops when he saw the keys and decided on the spur of the moment to commit the first offence. 14.As offences of this kind go, these offences are very much at the lowest end of the scale and I have taken into account all the circumstances which have been proceed before the court in mitigation. 15.I am told that not only does the defendant have medical problems, his wife has undergone treatment for cancer and they are responsible for looking after her mother. 16.In all these circumstances, I have decided to take a starting point of 2 years for these offences and I reduce that sentence by the one-third to reflect his guilty plea and his frank admission to the police at the scene. 17.I impose concurrent sentences of 16 months for each offence on the defendant.
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