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DCCC 885/2013
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 885 OF 2013
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| Date: |
5 November 2013 at 10.15 am |
| Present: |
Mr Simon Tso, SPP of the Department of Justice, for HKSAR |
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Ms Chan Suk-han, of Ho & Ip, assigned by the Director of Legal Aid, for the defendant |
| Offence: |
Burglary (入屋犯法罪) |
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Reasons for Sentence
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1. The defendant pleaded guilty to a charge of burglary.
2. The particulars of the offence are that on 14 August 2013 he entered as a trespasser a building known as Yick Yuen Aberdeen Fishball King in Hong Keung Street, San Po Kong, and stole a bag, two pieces of garments, a waist bag, a wallet, an identity card, a Home Visit Permit, three bank cards, an Octopus card and cash $1,300 Hong Kong currency.
3. On the morning of 14 August there was a typhoon signal No 8 hoisted. The shop owner of the noodle shop, the victimized premises, PW1, returned to his noodle shop at around 8.40 am on the day of the offence. The front entrance of the shop was closed and locked by a metal entrance rolling shutter.
4. PW1 unlocked the rolling shutter. He entered the shop but left the rolling shutter at the entrance partially open. It was two feet from the ground. The victim, PW1, then proceeded to a cashier counter and left his shopping bag at the shop. The shopping bag contained the items the subject of the charge.
5. When PW1 returned at about 1500 hours on the same day, he found his shopping bag was no longer there. CCTV footage showed that at about 1044 the defendant entered the premises and stole the bag.
6. On 22 August officers visited the residential address of the defendant and he immediately admitted the burglary. He said he had spent all the cash and disposed of all the other property except for the wallet itself, a green Gucci wallet, which was recovered.
7. When interviewed under caution, he said that he walked past the premises and saw that the rolling shutter was slightly open. He was unemployed and he was tempted. He said he kept the wallet but spent all the cash and disposed of all the other property in a nearby rubbish bin.
8. The defendant has an appalling record. He has appeared before the court on 30 previous occasions, and nearly all the offences are related to offences of dishonesty, either theft or burglary. As recently as December of 2010 he was sent to prison for 20 months for burglary and on 18 January 2013 he was sent to prison for 4 months for tampering with a motor vehicle.
9. The defendant is 46 years of age. He was educated to primary 6 level. He is unemployed and lives with his aged mother in a room in Wong Tai Sin. The reason for his commission of the offence is that he has a drug problem and he is unemployed.
10. I am told that he has been in custody since August in respect of this offence and he now no longer has a drug addiction.
11. In mitigation, the defendant pleaded guilty at the earliest opportunity, he co-operated with the police and the property involved was not of high value. No damage was caused. And other than the record there were no aggravating features.
12. This is very much in the nature of a sneak theft. It was committed opportunistically when he walked past the victimized premises and saw that the roller shutter had been left open.
13. Taking into account all the circumstances, I take the usual starting point for an offence of this kind, a sentence of 2½ years’ imprisonment, and I will reduce that by one-third to reflect the defendant’s guilty plea. The defendant will therefore go to prison for 20 months.
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