HKSAR v. Cheung Kwok Wai

DCCC 783/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 783 OF 2013

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Reasons for Sentence

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

2.The defendant entered a commercial premises in Modern Terminal Warehouse in Kwai Chung, New Territories on 14 May 2013.  This particular company whose offices he entered was his old workplace.  The defendant sneaked in the back entrance before the company closed for the day and says he fell asleep and remained unnoticed.  The premises were locked up at 7.30 pm.  The defendant was still inside.

3.From CCTV footage, it is clear the defendant left the premises at 8.45 pm and although he was wearing a cap, he was still recognisable to the victim, PW1, as an ex-employee.  This is not an opportunistic burglary.  The defendant was familiar with the premises and chose the premise.

4.On the next day, the company discovered that a drawer in PW1’s office which was locked had been broken open, and HK$38,000 was stolen from within.  This is a significant amount of money and nothing has been repaid to date.

5.On 9 July, the defendant surrendered himself to the police.  He admitted that he had entered the premises and had stolen from within. 

6.The defendant’s best mitigation today is his plea of guilty.

7.The defendant is not a man of clear record.  He has eight previous convictions, none similar to burglary but six relate to offences of dishonesty.  The defendant was only released from his last term of imprisonment on 12 May 2013, two days prior to this offence.

8.The defendant is 39 years old, single and lives with his family in Tsing Yi.  He was unemployed prior to this offence.

9.Defendant’s counsel has said all he can on behalf of the defendant. 

10.The normal starting point for a burglary offence of a non-domestic premise is 2 years and 6 months where there is no aggravating or mitigating factors involved.  

11.Defendant, please stand up.  I will take into account that starting point as well as the facts of the case, the loss suffered by the victim, mitigation put forward and plea today.  I will take a starting point of 2 years and 6 months, and you are entitled to a discount of one-third for your plea.  Accordingly, for this offence, you are sentenced to 1 year and 8 months’ imprisonment.  You understand that sentence?

DEFENDANT: Understood.