HKSAR v. CHOW CHU TAK

DCCC 665/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 665 of 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an offence of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance.

2.  At lunchtime on 7 May 2013 you entered into office premises at Guardian House in Wan Chai.  That office is known as Fugro located on the 7th floor of that building.  Inside that office you stole from a Madam Siu her iPhone and 9 red packets containing HK$180.

3.  At the material time Madam Siu had gone out for lunch and left those belongings in her handbag which was placed in an unlocked drawer of her desk in the premises. 

4.  The police had stopped you shortly after you left the building and upon search, found the stolen items.  You admitted under caution that those items were stolen from premises you had burgled.

5.  The police viewed the CCTV recording of the building, you were captured entering and leaving the building. 

6.  Defendant, you are 48 years of age.  In six previous occasions you have 11 previous convictions. Of those 10 are for burglary which are all similar to the present offence.

7.  Defendant, your solicitor, Mr Wesley Ip, has mitigated fully and thoroughly on your behalf and I have taken into consideration all that he has had to say.

8.  You are a Hong Kong resident but now live in China and you occasionally come to work in Hong Kong when called upon to do so at a construction site.  I am informed by Mr Ip on the day in question your boss had called you to come to work in Hong Kong, but having arrived, he cancelled the work. As a result you roamed around and committed this offence.

9.  Mr Ip quite sensibly in his mitigation has stated that he cannot say this is opportunistic.  He also understands that in view of your previous number of similar convictions that an enhancement may well be appropriate.

10.  Your convictions for burglary began in 1980 when you were still a youngster and sentenced to detention centre.  Thereafter, for the remaining terms of burglary, you were sentenced to terms of imprisonment.  The latest conviction was in 2009 for five offences of burglary to which you were sentenced to a total of 5 years’ imprisonment.  That sentence was passed upon after your pleas of guilty. 

11.  You have also pleaded guilty to this offence and, as Mr Ip has rightly pointed out, that is your strongest mitigating factor. 

12.  Mr Ip has submitted to me the case of CACC368/2002 whereby the court recognized there if a defendant had an appalling previous criminal conviction that the sentence should be enhanced.   I have also brought to Mr Ip’s attention a recent case of CACC115/2013 HKSAR v Hai Chung Po to which the Court of Appeal there also stated that it was satisfied that an enhancement of sentence should be imposed where defendant had appalling criminal record.

13.  Defendant, in view of your previous appalling record you therefore fall within that category for an enhancement of sentence. 

14.  This was a commercial premises.  The usual starting point for burglary of commercial premises is one of 2½ years’ imprisonment.  In view of your appalling criminal record, I do consider that starting point should be enhanced.  It is clear to me that those previous sentences have had no deterrence on you at all and the public requires protection from people like yourself. 

15.  Looking at the photographs and the layout of the office that you had entered, this was extremely daring of you to go into offices of that kind and rummage through desks to steal this property.  This was clearly premeditated.  You had no reason or business to go into those offices. 

16.  Defendant, in the circumstances, I enhance the starting point by a further 6 months’ imprisonment.  In the circumstances, I take a starting point of 3 years’ imprisonment had I convicted you after trial.  However, giving you full credit for your plea of guilty, that term shall be reduced to 2 years’ imprisonment to which you shall be so sentenced.