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DCCC247/2010
IN THE DISTRICT COURT OF THE
HONG KONGSPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 247 OF 2010
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Before:
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H H Judge Longley
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Date:
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14 April 2010 at 11.47 am
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Present:
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Ms Clara Ma, PP of the Department of Justice, for HKSAR
Mr Lee Chi-wan, Norman, of Peter K H Wong & Co., for the Defendant
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Offence:
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(1) Burglary (入屋犯法罪)
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Reasons for Sentence
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1. Chan Ka-leung, you have been convicted on your own plea of the offence of burglary. The burglary was committed on a Sunday afternoon at a warehouse rented by your former employer in Ng Lau Road, Tuen Mun. It was obviously a carefully thought out offence.
2. You and two other men arrived in a private car and entered the warehouse. At the same time you had arranged for two trucks to come to the premises. You and your accomplices then stole 16 commercial refrigerators worth about a $165,000 in total, which were then taken away. Fortunately your arrival was recorded by a CCTV camera and the police were able to arrest you at your home on the same day.
3. You had already sold the refrigerators on to a second-hand goods dealer for the sum of $9,600. He, however, had not sold them on, and they were recovered. Not only was this obviously a carefully planned offence, but it also involved making use of knowledge that you had clearly obtained as an employee of your former boss.
4. I bear in mind that this was a burglary at commercial premises rather than domestic premises. I also bear in mind that it took place during the daytime. It was on a Sunday when nobody was around. I also take into account that all the fridges were fortunately recovered. That, of course, is no thanks to you.
5. You cannot claim in mitigation that this is your first offence. In particular, you have already been convicted of an offence of dishonesty in 2003, for which you served a term of imprisonment. In my view, the appropriate starting point in this case is a sentence of 30 months' imprisonment. The only real mitigation in your case is your plea of guilty, for which you are entitled to the usual discount of one-third.
6. I accordingly sentence you to 20 months' imprisonment.
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