HKSAR v. Kwok Chun Wai

DCCC 330/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 330 OF 2014

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Before: HH Judge Browne

Date: 18 July 2014 at 10.06 am

Offence:  Burglary (入屋犯法罪)

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Reasons for Sentence

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1.The defendant has pleaded guilty to a charge of burglary. The premises concerned are a storeroom at the Ground Floor of Fu Ching House, Tai Wo Hau Estate in Kwai Chung. The premises were the offices of Sun Lee Cleaning Company Limited.

2.On 13 January this year, 2014, at 6.20 pm, the manager of the company (I will refer to him as PW1) checked that the tools in the location were properly in place.  He then locked the iron gate of the location and left.

3.At 7.15 the following morning, PW1 was informed that prise marks had been found at the bottom of the gate of the location and he returned sometime later and found that the premises had been ransacked and a number of items stolen.  Missing from the premises were two cameras, a desktop computer, three chargers and cash; the total value: $3,550.

4.CCTV footage obtained showed that a male was in the vicinity of the premises at the time of the burglary.

5.Four weeks later, a special police constable was on duty in Fu Yin House when he saw the defendant whose appearance resembled the male in the CCTV footage.  The defendant was intercepted and under caution, he admitted having committed the burglary and having sold the items for $900. He claimed that at the time of the burglary, the door of the location could be pulled open, and out of greed he entered the location in order to steal.

6.The defendant has 71 previous convictions.  He has appeared before the court on 32 occasions in respect of those 71 charges.  They cover a variety of offences.  Most of the categories of dishonesty are covered and offences involving dangerous drugs and Part I poison.  He has two similar convictions in 2003 and 2004.  In 2003, for burglary, he was sent to prison for 2 years.  In 2004, he was sent to prison for 22 months for burglary.  The defendant’s last court appearance was in May of this year, on 29 May 2014.  He appeared before the Tsuen Wan Magistrates’ Court for offences of possession of dangerous drugs, theft from a vehicle and criminal damage.  He was imprisoned for a total period of 12 months.  I am told that he was arrested in respect of the drugs offence on 8 February of 2014.  Having been bailed by the police, he was arrested on this matter on 11 February.

7.In mitigation, I was told that the defendant is 37 years of age.  He was born in Hong Kong and educated to Form 1 standard.  He lives at Fu Yin House which is the premises where he was arrested for this offence, and he has two young children: a girl aged 4 and a son aged 2.  I am told that his father died in 1990 and he was brought up by his grandparents, and they were looking after his two young children because his wife whom he married in 2010 left in 2012.  Having left, apparently she takes no interest in the children.  I am told that, sadly, in June this year his grandfather died, having committed suicide.  The family income is by way of CSSA and is about $5,000 per month for the whole family.  His grandmother suffers from diabetes and high blood pressure.  So the responsibility of looking after the two children falls to the grandmother.

8.The defendant has a long history of drug addiction.  I am told by counsel that he is clean at the moment.  I am told that since the death of his grandfather that he realises that he now has additional responsibilities towards his young children.  

9.The starting point for offences of this kind is 2 and a half years’ imprisonment.  Despite the lengthy record of the defendant, I note that he has only two previous convictions for offences of this kind and they were some time ago.  The defendant is to be given credit for his guilty plea, so that will reduce the sentence to 20 months’ imprisonment.

10.I have to consider the question of totality.  As I indicated earlier, the defendant is now serving a period of 12 months’ imprisonment for offences for which he was convicted in May of this year.  This offence was not committed whilst on bail because he was arrested on 8 February for those offences, and for this offence, he was arrested on 11 February.  I am required to consider the question of totality.  What I have decided is that 16 months of this offence should run consecutive to his existing sentence.