HKSAR v. LI MO WAH

DCCC258/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 258 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to two charges of burglary, contrary to section 11(1)(b) & (4) of the Theft Ordinance.

2.  You admitted on the 5th day of February 2010, on two separate occasions but on the same date, you entered as a trespasser of the Sam Shui Natives Association Tong Yun Kai School at Wai Chi Street, Sham Shui Po, and stole two metal tables, which were the subject of Charge 1, and 35 pieces of metal plate, the subject matter of Charge 2.

3.  At about 6.30 pm on that day a passer-by saw you climbing into the school from a slope at the rear lane behind the premises. About 10 minutes later you emerged from the school carrying a metal table. At the rear lane you picked up another similar metal table and put both tables on a trolley. You then pushed the trolley out of the rear lane and went in the direction of Tai Kok Tsui. The passer-by immediately made a report to the police and waited there. A while later you returned to the rear lane with the empty trolley, and he saw you climbing into the school again through the same route.

4.  At about 7.55 pm a team of police officers arrived at the school and searched the vicinity. They found you at the rear lane of the school. At that time you were holding a pile of metal plates in both your hands. The officer immediately disclosed his police identity and demanded you stop. On hearing that you put down the metal plates and ran away. You were, however, stopped after a brief chase by the officer. The officers discovered some similar metal plates on the trolley placed at the rear lane where you were first seen.

5.  You told the police officers you had just stolen all of those metal plates from the main hall inside the school. You further admitted that you had stolen two metal tables from the school earlier on the same day, which you had already sold to others at Fuk Wah Street.

6.  You were arrested and cautioned for the offence of burglary. You admitted that you sold the metal tables at Fuk Wah Street for $50 and that you had returned to the school in order to steal the metal plates and for further sale. The school at that time had closed down and was unattended.

7.  Your solicitor Miss Wong has made full mitigation on your behalf today, and I have taken into account all that she has had to say.

8.  You are now aged 56 years old, and you have appeared in court 26 times, of which you have 31 convictions. Of those four are related to dishonesty, of which two are for theft and two are for shop theft. I am informed by Miss Wong that you are married and living on comprehensive social security. At the time of these burglaries you were unemployed, and are a drug addict. You committed this offence purely out of economic reasons.

9.  Of course the greatest mitigating factor in this case is your plea of guilty. Quite correctly, both the prosecutor and your solicitor have pointed out that the starting point for domestic burglary, after trial, is one of 2½ years' imprisonment. Although there are two charges, they are committed on the same day within approximately two hours of each other. I do consider that these offences can be counted as a single transaction such that a concurrent sentence can be imposed for both charges.

10.  In the circumstances, on Charge 1 and 2 I take a starting point of 2½ years on both charges. However, I give you full credit for your plea of guilty, and that term should be reduced to one of 1 year 8 months’ imprisonment on each charge, and to be served concurrent to each other.

11.  The total term of imprisonment is 1 year and 8 months.