HKSAR v. CHOW CHI WAI

DCCC 379/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 379 OF 2014

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Reasons for Sentence

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Charge and facts

1.  The defendant pleads guilty to burglary.

2.  Mr Ng had rented a unit in a domestic building in Kwai Chung (the “Unit”) to store his stock of cigarettes.  On 13 March 2014 he left the Unit after securing the door with 2 padlocks attached to a hasp.  On 14 March 2014 the following day he found the hasp unscrewed with signs of ransacking inside.  He had 20 packs of cigarettes worth $1,100 and cash of $2,300 missing from a drawer.  A bottle of wine worth $100 was also missing.  He called the police. 

3.  He viewed the CCTV footage of the building with the police.  One footage showed a male and a female enter the building at 2324 h on 13 March 2014.  Another footage showed the male holding a plastic bag wrapped by a jacket enter the lift with the female at 0016 h on 14 March 2014.  He recognized the male (ie the defendant) as his friend and the female as the defendant’s girlfriend.  The plastic bag was the one he had used to store his cigarettes in the Unit. 

4.  On 18 March 2014, the police intercepted the defendant on the street.  Upon investigation, he said that he had used a screwdriver to unscrew the hasp and entered the Unit to steal cigarettes, cash, and wine.  He had spent all the cash and thrown away the other items.  He committed the burglary alone. 

5.  The female informed the police that she just waited at the lift lobby as instructed by him after they had visited his mother’s unit, which was beside the Unit, and 15 minutes later he reappeared with a plastic bag in hand.     

Mitigation

6.  The defendant is aged 39, of F. 2 education level.  He has no previous similar convictions.  I am told that he had his right leg amputated for blockage of blood vessel in 2010.  Therefore he could no longer work as a driver.  He had to live on public assistance since then.  His solicitor submits that as the Unit was locked from outside, no one would be expected to be in occupation at the time of the offence. 

Sentencing guidelines

7.  The starting point is 3 years for burglary of domestic premises for a first offender of full age in the absence of aggravating factors (R v Chan Yui Man CACC 36/1988). 

Sentencing present defendant

8.  I take 3 years as the starting point.  One-third off for the plea of guilty, the sentence is 2 years.  There are no other mitigating factors.