HKSAR v. KAN TAK MAN

DCCC 277/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 277 OF 2014

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Reasons for Sentence

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1.  The defendant has pleaded guilty to six offences: two each of theft, using a motor vehicle without third party insurance and driving without a valid driving licence, and I convicted the defendant accordingly.

2.  The offences all arise out of the theft of two vehicles in December of last year.  The facts admitted show that the defendant was apprehended in the evening of 17 December 2013.  At the time, he was seen alighting from another vehicle and then going over to and using remote control to unlock the first vehicle that we are concerned with.  

3.  The defendant was arrested at that time.  He admitted he had stolen that vehicle which is the first vehicle and then said he had stolen another vehicle referred to as the third vehicle which is parked at Sun Sang Tsuen.  The defendant was eventually taken over to that vehicle.  It was located.  Various tools which can be used to steal vehicles were found.

4.  On both vehicles, the chassis and engine numbers had been defaced but the police were able to locate the owners.  And the owners had left their vehicles parked on the evening of 3 December 2013 and 14 December 2013, and when they returned to them, they found they had been stolen.

5.  The defendant made admissions in respect of the theft of both vehicles.  He said as far as the first vehicle was concerned, vehicle 1, he had broken the car window and opened the door, tampered with the ignition system.  He had driven the vehicle around and had had taken passengers on board.  He had affixed new licence plates to the vehicle and defaced the chassis and engine numbers.  On the second vehicle stolen referred to as vehicle 3, he admitted stealing that.  Again he discarded the original plates and put new ones on, defaced the chassis and engine numbers, and the tools found in that vehicle belonged to him and he used those tools for the defacing of the chassis and engine numbers.   

6.  The defendant does not have a valid driving licence.  So in respect of his driving of both vehicles, he committed the offences of driving without a valid licence and also driving without third party insurance. 

7.  So far as his antecedents are concerned, he is 39 years old.  He was recorded as being employed at the time of his arrest.  He is currently undergoing treatment at the drug addiction treatment centre, and defendant admitted his criminal record.  The defendant has a poor criminal record, offences dating back to 1987, 23 previous appearances in court with 55 convictions.  He has been convicted of theft before on eight occasions, taking conveyance without authority on four occasions.  He also has previous convictions for both the other offences he is charged with: driving without a valid driving licence and third party insurance.

8.  For mitigation, the defendant has been a garage worker in the past.  He is a single man.  He was born in Hong Kong.  He has no family in Hong Kong now. 

9.  In respect of the vehicles in question in this case, they were stolen for his self-use.  There is no suggestion they are luxury vehicles or were to be sold on although they may well have been eventually, but steps had been taken to deface the identity of the vehicles, and it was as a result of the defendant’s admissions to the police that the second vehicle or vehicle 3 was found in respect of these matters.

10.  Defendant has of course pleaded guilty to all offences and has shown remorse by that.  As I said, the defendant is currently in the drug addiction treatment centre.  He has been sentenced on 30 January for possession of a pipe or equipment fit and intended for smoking of dangerous drugs.

(Discussion re date of offence)

11.  30 January this year.

12.  As far as sentence is concerned, the most serious offences the defendant faces are the theft of the vehicles.  There is no particular tariff for this offence but the starting point for sentence can range as high as 3 years’ imprisonment for a theft of a vehicle.  I bear in mind these are not luxury vehicles, and they appear to have been taken for joyriding.

13.  The defendant faces the theft charges on Charges 1 and 4.  Having regard to the circumstances of this offence, I will take a starting point for sentence on each of those charges of 27 months’ imprisonment.  Defendant is entitled to of course a one-third discount.  So the final sentence should be 18 months’ imprisonment on the 1st and 4th charges.

14.  The 2nd and 5th charges involve using the vehicle without third party insurance.  A sentence of imprisonment is appropriate on both of those.  I will take a starting point of 6 months’ imprisonment, reduce that to 4 months’ imprisonment.  There is also an 18-month disqualification from driving on those charges.

(Discussion re clarification of sentence)

15.  The starting point is 6 months’ imprisonment.  I reduce that to 4 months’ imprisonment for his plea of guilty.  There is also an 18-month period of disqualification for driving on those charges.  Those are the 2nd and 5th charges in fact, 2nd and 5th.

16.  On the 3rd and 6th charges, I take a starting point of 3 months’ imprisonment, reduce that to 2 months’ imprisonment for the defendant’s plea of guilty.

17.  I take into account that offences 1 to 3 and 4 to 6 were committed at the same time as each other, but 4 to 6 represent a separate and identifiable series, set of offences.  What I shall order is that in respect of Charges 1, 2 and 3, they run concurrently to each other.  I shall also order that 4, 5 and 6 run concurrently to each other. 

18.  But 4 to 6 do represent a separate and identifiable offence and so some element of them must be served consecutively. Having regard to the overall totality of sentence, what I shall order is that 9 months of the sentences 4 to 6 run consecutively to 1 to 3 and the balance concurrently.  So that is a total of 27 months’ imprisonment.

19.  The periods of disqualification I order at this, on the same occasion.  So they run concurrently.  A total of 18 months.