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DCCC877/2008
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 877 OF 2008
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Before: Deputy District Judge Tallentire
Date: 3 April 2009 at 10.00 am
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Present:
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Mr Winston Chan, SPP of the Department of Justice, for HKSAR
Mr Pang Yiu-hung, Robert instructed by Messrs Kam & Fan, assigned by the Legal Aid Department, for the Defendant
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Offence: Theft (盜竊罪)
Reasons for Sentence
1. Defendant, you pleaded guilty to four offences of theft, each contrary to Section 9 of the Theft Ordinance, Cap. 210.
2. You admitted the brief facts and I convict you. The brief facts are as follows. Fu Tai estate in Tuen Mun is owned by the Housing Department. Fire doors have been installed in all buildings of the estate. They were fitted with stainless steel plates known as toe boards the purpose was to protect the bottom of the doors.
3. I deal now with charge 2. At about 9.15 am on 7 July 2008 a security guard of Mei Tai House in the estate noticed four stainless steel plates had been removed from the bottom of fire doors. A further check revealed a total of 43 to be missing.
4. I deal now with charge 3. At about 4 pm on 10 July a security guard of Sau Tai House discovered 16 stainless steel plates to have been removed.
5. I deal now with charge 4. At about 12.10 am on 11 July a security guard found 17 stainless steel plates to be missing.
6. I deal now with charge 6. At about 1.57 pm on 12 July a Police officer reached the staircase on the 27th Floor of the second building, that is, Sau Tai House. There he saw you placing a stainless steel plate in a backpack. You were wearing a pair of labourers gloves and two screwdrivers were nearby. You went on to admit dismantling the steel plate to sell to pay off your debts.
7. Interviewed later under caution you said the plates were to be sold to a scrap director for $15 each. The total value of the plates the subject of the charges was $7,400.40.
8. You are a young man of hitherto clear record. Originally I adjourned the sentencing exercise for a range of reports. From those reports it emerged that you were considered to be drug dependent. Therefore I remanded you in custody further and adjourned the case for a DATC report and a further probation officer report.
9. Those reports are now before me and have been considered by me. The DATC report recommends the making of a DATC order as you are considered to be drug dependant, the probation report does not find you suitable for probation. I will say more about that later.
10. What is clear beyond all doubt is that this case only came to the District Court because of an understandable misapprehension on the part of the prosecution. That point was fairly conceded on the first hearing and this misapprehension was that the theft of the plates effected the smoke or fire retardation effectiveness of the doors. In fact it is now clear that was not the effect. The purpose of the plates was to limit damage to the bottom of the door.
11. As I said, that was a very fair concession made by the prosecution on the first occasion. Had that been the case that persons lives were placed in danger it would be a very high aggravating feature.
12. I have considered all reports placed before me and the mitigation advanced on your behalf by Mr Pang. In your favour you have pleaded guilty from the outset and have been entirely straightforward with the police and the court.
13. You are a young man of 20 years of age with a clear record. You have served already 28 days in custody and I agree with Mr Pang that that must have perforce had some effect upon your physical dependence upon drugs. There remains however the opinion that you are still a drug dependent and psychologically dependent.
14. In my opinion treatment is required. The question I have to answer is should that be a DATC order or a probation officer’s order. Mr Pang, on your behalf, urges a probation order as does your family.
15. Having considered all the matters I have mentioned I had come to the conclusion that you should be given this one chance to reform in an open setting; that the offences themselves and the circumstances warrant a probation order; however that probation order will be accompanied by very strong conditions.
16. I propose therefore to make on each of these charges a probation order for a period of 18 months with the following specific conditions. First, you will abstain from all illegal substances. Secondly, you will submit to random urine tests as directed by your probation officer.
17. Thirdly, you will undergo such drug addiction treatment as directed by your probation officer and you will complete such treatment. Fourthly, you will reside and work as directed by your probation officer. And fifthly, you will come back before this court in three months time for a progress report with the promise that if you have not maintained proper progress, you will go to DATC.
18. Defendant, you will return back to this court on 3 July at 9.30 for a progress report. Now, additionally, you will pay the full compensation for what you have done. That compensation is in the sum of $7,400.
19. Bail will be taken with consent. The balance of $2,400 will be paid within 28 days.
20. Do you consent to the making of the probation order in those terms?
DEFENDANT: Yes.
21. Then I confirm each order in those terms to be served concurrently.
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Tallentire |
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Deputy District Judge |
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