HKSAR v. Leung Chi Chung

DCCC 303/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 303 OF 2014

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Reasons for Sentence

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Charge

1.The defendant pleads guilty to theft.  He was the only employee in a shop selling telecommunication products in Mong Kok, Kowloon.  On 2 October 2013, he did not report to work.  The proprietor could not find him.  After checking the sales record and the CCTV footages, he was found to have stolen a quantity of mobile phones, computers, cameras and electronic appliances in the month of September 2013 by bringing them out of the shop.  The total value was $491,800.   

2.Later he admitted the offence to his proprietor on the internet.  The police arrested him on 24 April 2014 when he returned to Hong Kong from China.  During investigation, he admitted having stolen the property and spent the proceeds on living expenses and repayment of debts. 

Personal background and mitigation

3.He is aged 41, F. 3 education level.  He has 6 previous records for theft and 2 for obtaining property by deception.  He was last sentenced to 6 months in February 2002 and released from jail in May 2002.  I do not regard him a recidivist offender as he has not been convicted of any offences since May 2002.  I do not aggravate his sentence in the present instance.  His solicitor informs me that he had owed $400,000 to the finance companies.  He committed the present offence to try to meet payments due under the loans.  Afterwards, he went to China to stay with his girlfriend for 5 months.  Then he returned to Hong Kong to surrender himself to the police. 

Sentencing considerations

4.The Court of Appeal in HKSAR vCheung Mee Kiu[2006] 4 HKLRD 776 has laid down sentencing guidelines for offences in breach of trust.  For a loss of $250,000 to $1,000,000, the sentence is 2 to 3 years. 

Sentencing this defendant

5.I take 2 years and 6 months as the starting point.  He has no mitigating factors except his plea of guilty which attracts a one-third discount.  His sentence is 20 months.