HKSAR v. TSE CHI FAI

DCCC 810/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 810 OF 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to six charges of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance. These offences are Charges 1, 2, 4, 5, 6 and 7 on the indictment.

2.  They took place between 22 January 2013 and 3 July 2013.  They were committed at various public housing estates around Hong Kong.

3.  You had targeted domestic premises, mostly around Tuen Mun, but also in Shatin and Sheung Shui.  At the time that you had burgled these premises, their tenants had left them and locked up their premises.  They were not present at the time that they were burgled.  You used the same modus operandi:  that is, that you would gain entry to the premises through a small window which faced the public corridor.  I am informed that this window was just sufficient for you to squeeze your body through.

4.  Most of the property stolen from these residences was cash, other items included jewellery.  In Charge 1, the total value of the stolen property was approximately HK$14,000; in Charge 2, the total value of the stolen property was approximately HKI$10,000; in Charge 4, the total value was approximately HK$11,000; in Charge 5, the total value of stolen property was about $6,500; in Charge 6, the total value of stolen property was about $390,000; and the total value of stolen property in Charge 7 was about $27,500.

5.  In total, the value of property stolen in these six charges was therefore about $459,000.

6.  You were arrested on 3 July, the date you committed Charge 7.  The police were very astute and found you acting furtively.  After arresting you, you admitted committing the burglary in Charge 7, and thereafter you admitted to the remaining six charges when being interviewed under caution.

7.  Your solicitor, Mr Louis Fung, has mitigated fully and thoroughly on your behalf, and I have taken into account all that he has had to say.

8.  You have been to court on 10 previous occasions, of which you have amassed some 37 previous convictions.  Of those previous convictions, 25 of them involve offences of dishonesty; 21 are similar charges of burglary; there is one charge of attempted burglary; one charge of going equipped for stealing; and two charges of theft.

9.  You are 56 years of age and reside in Hong Kong with your wife, who is from China, and a 10-year-old daughter.  You were the sole breadwinner for your family and your parents.  Your wife is not a Hong Kong resident, and prior to your arrest, you were a porter, earning $7,000 a month.

10.  As Mr Fung rightly mitigated, the strongest mitigating factor in this case is your plea of guilty.

11.  Defendant, your previous criminal record is an appalling one.  You have 37 previous convictions, of which 25 of them are for dishonesty offences.  It appears that none of these sentences have deterred you in any way from committing offences again.  Your appalling record is an aggravating factor of which I an enhancement shall be applied to the usual starting point.

12.  These offences you committed were all burglary offences on domestic premises.  I accept at the time you burgled those premises, the victims or the tenants of those premises were not present.  Your modus in committing these offences was very daring indeed.  You did not enter from any secluded window, but from the open public corridor right next to the main door of these premises.  You would have had to have got into those premises through the small windows and very quickly.

13.  From your past record and the amount of offences to which you have now pleaded guilty to it shows to me that you are a professional burglar. The public need to be protected from people like you.

14.  Defendant, as I have mentioned, these are domestic burglary offences, and the usual starting point after trial is one of 3 years’ imprisonment.  This is the starting point I take on each offence. However, taking into account your appalling criminal record, I do consider that that starting point should be enhanced by a further 6 months, and given your six offences you have committed before this court today, I consider that taking into account the principle of totality, that had I convicted you after trial, the total period of imprisonment should be one of 5 years for all the offences.

15.  You have pleaded guilty to the offences. Therefore, the usual one-third discount is warranted.

16.  In those circumstances, the total sentence should be one of 3 years and 4 months’ imprisonment.

17.  Defendant, you have pleaded guilty to Charges 1, 2, 4, 5, 6 and 7, as I mentioned.  I shall now turn to sentence you on each individual charge.  On those charges, I would have taken a starting point of 3½ years’ imprisonment, and after giving you credit for your plea of guilty, that term shall be reduced to one of 2 years 4 months’ imprisonment.  To reflect the total sentence of imprisonment of 3 years 4 months, I order all terms to run concurrent to each other, save on Charge 7.  1 year is to run consecutive to all the charges.