HKSAR v. Wong Ka Lun

DCCC 714/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 714 OF 2014

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REASONS FOR SENTENCE

1.Wong Ka Lun you have pleaded guilty to one charge of theft, contrary to section 9 of the Theft Ordinance, Chapter 210 (charge 1); one charge of attempted theft, contrary to section 9 of the Theft Ordinance and section 159G of the Crimes Ordinance, Chapter 200 (charge 2) and one charge of burglary, contrary to section 11 of the Theft Ordinance (charge 3).

2.Full particulars of the three offences are set out in the facts admitted by you.  

3.In summary at about 21:30 hours on the 28 March this year Mr Cheng Pak Ngai put his shoulder bag in a secured locker while he went to do exercise at the Tsing Yi Sports Ground.  Just over 30 minutes later when Mr Cheng returned to collect his bag he found the locker had been prized open and his bag stolen. 

4.CCTV footage of the Tsing Yi Sports Ground showed you breaking open the locker and stealing the bag.  The contents of the bag included HK$1,500, four bank cards, Mr Cheng’s identity card, 10 keys and a USB memory stick.  Nothing has been recovered (charge 1).

5.At about 16:54 hours on the 11 April a 15 year old school girl was returning home.  You took the same lift as the girl and followed her when she left the lift on the 8/Floor.  CCTV footage again shows you following the school girl into the lift.  In the corridor you suddenly grabbed the girl’s right arm and her school bag.  The school girl resisted and shouted for help.  You then released the school girl and left empty handed (charge 2).

6.Three days later you burgled a home in Chung Mei Village, Tsing Yi.  On the 13 April you broke open the balcony gate of the premises and stole property to the value of HK$42,329 including a safe containing eight rounds of ammunition, travel documents; USB memory sticks; cash; seven watches; 18 bank cards, an iPad and some jewellery.

7.On the 19 April the police intercepted you.  Under caution you admitted the three offences.  When your home was searched the police found the safe and some of the jewellery stolen in the burglary. 

8.In passing sentence I have carefully considered everything said on your behalf by Mr Ip.

9.You are properly to be regarded as a persistent offender, having appeared in court on 15 occasions, amassing twenty convictions, ten of which are for offences of dishonesty.  I however note that the last offence of dishonesty was in 2007.  Applying the principles in HKSAR v Chan Pui Chi [1999] 2 HKLRD 830 I am satisfied that the starting points for each offence are to be increased by reason of your persistent offending.

Charge 1 - Theft

10.Whilst this charge is not as serious as the other two charges the theft nevertheless is a serious one.  Those who go to public sports grounds must do so knowing that their property will be safe when enjoying the facilities at the sports ground. 

11.I am satisfied a starting point after trial of 9 months imprisonment is appropriate which I increase by 3 months to 12 months imprisonment on account of your persistent offending. Giving you full credit for your plea of guilty reduces the sentence to 8 months imprisonment. 

Charge 2 – Attempted theft

12.This is classified as a snatching case although as mentioned in court you are perhaps fortunate not to have been charged with attempted robbery.  You clearly targeted a young girl having told the police that you saw the school girl put her mobile phone in her bag.  You then followed the girl no doubt in the belief that she would not resist. 

13.Where snatching is charged as theft the sentence has ranged from 12 to 24 months imprisonment (see for example HKSAR v Yeung Kam Tung CACC 427/2012; HKSAR v Chan Sin Leung CACC 48/2006; and HKSAR v Lee Chi Man CACC 387/2006).  The lower end of the range is where no violence has been used, there has been no stalking of the victim and no evidence to suggest the offence is anything other than an opportunistic one.  Increased sentences have been imposed where the offender is a persistent offender.

14.Taking into account you clearly targeted a young girl who you followed until you thought the time was right to try steal her mobile phone I am satisfied a starting point after trial of 15 months imprisonment is appropriate which I increase by 3 months to 18 months imprisonment on account of your persistent offending.  Giving you full credit for your plea of guilty reduces the sentence to 12 months imprisonment.

Charge 3 – Burglary

15.The correct starting point for a single burglary of residential premises committed by a first offender of full age where there are no aggravating or mitigating features is 3 years imprisonment (see Attorney General v Lui Kam Chi [1993] 1 HKC 215).   

16.Relatively high value goods were stolen including watches and jewellery, most of which remain unrecovered.  I do not accept you threw away most of the items you stole in the burglary. 

17.Taking into account the relatively high value of the goods stolen together with your persistent offending I increase the starting point by 6 months to 3 years and 6 months imprisonment. Giving you full credit for your plea of guilty reduces the sentence to 2 years and 4 months imprisonment.

Totality

18.The three offences are separate and distinct committed on three different days for which consecutive sentences are appropriate.  I am satisfied a total sentence of 3 years and 2 months imprisonment properly reflects your criminality on the three charges.

Sentence

19.You are convicted and sentenced as follows:

Charge 3 – 2 years and 4 months imprisonment;

Charge 2 – 12 months imprisonment;

6 months consecutive and 6 months concurrent to charge 3;

Charge 1 – 8 months imprisonment;

4 months consecutive and 4 months concurrent to charges 2 & 3;

Total sentence to be served by you is 3 years and 2 months imprisonment.