HKSAR v. Yip Kit Yee Jessica

DCCC 359/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 359 OF 2014

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Reasons for Sentence

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1.The defendant, Miss Yip, has pleaded guilty to one offence of theft. It appears from the facts that she stole the sum of over $660,000 from a company called Vinstar Development Limited.

2.Miss Yip was employed by Vinstar Development Limited to work at the Empire Hotel in Kowloon.  She was the general cashier of the accounts department, and she handled all the cash and placed cash and cheques into the hotel’s bank account at the Bank of China.

3.She left work on 8 November 2012, eventually telling her employer she would not come back, and not to call her; that she resigned.

4.The company conducted an audit, and it was found that a total of $666,563.75 was missing.  When she was arrested, the defendant admitted she had stolen the money from the safe of the hotel, and that had been done on many separate occasions.  She had spent the money on medical and daily expenses, and she admitted that the amounts pleaded in the indictment had been stolen by her.

5.So in essence, the case involves the theft of that sum of money, which involves breach of trust over a period of some three years.

6.The defendant’s antecedents show that she is 36 years old and she is of clear record.  She is a single lady, living together with her parents and her younger sister in Tin Shui Wai, New Territories.  She was educated up to Form 5 level, and between 2009 and 2012, she was employed by the company as a cashier at the hotel.  She has also worked as a telephone operator in the year 2013.

7.The background report obtained and the mitigation offered show that the circumstances that led to the commission of the offence was because of her overspending.  She also paid a small portion of money towards her ex-boyfriend’s relative’s funeral expenses.  Otherwise, the money was used to repay her debts and support medical expenses.  The defendant has a medical condition.  She has suffered from thyroid problems since 2012, and there is supporting evidence of that in the mitigation.

8.As far as sentence is concerned, this can be classified as a serious breach of trust, with the sum of over 660,000 stolen from her employer over quite a period, some three years.

9.There are guideline sentences for offences of this nature, and they show that a sentence of immediate imprisonment is appropriate even for a person of clear record, and in cases where the money obtained ranges between $250,000 and $1 million, the range of sentence should be in the region of 2 to 3 years’ imprisonment.

10.Bearing in mind that for starting point of sentence, I need to take into account the defendant’s clear record and the remorse that she has shown, her co‑operation to the police, and also her personal circumstances, including her medical condition, I will approach sentence as follows.

11.I consider that the starting point for sentence should be one of 27 months’ imprisonment.  The defendant is entitled to a one-third discount, which on that figure will be 9 months.

12.That will result in a sentence of 18 months’ imprisonment.  I will further discount that by one month to take into account her medical condition.

13.So the sentence will be one of 17 months’ imprisonment.