HKSAR v. SIU TSZ YIN

DCCC1021/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1021 OF 2010

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Reasons for Sentence

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1.  Siu Tsz-yin, you have been convicted on your own pleas of one charge of burglary and one charge of assaulting a police officer.

2.  The burglary occurred on the evening of 22 July last year at a time when the resident of a flat on the 21st floor of a block in Kwai Shing Estate had left home to have dinner.  You gained entry by cutting open the padlock securing the metal gate and then prizing open the wooden door of the flat.  When inside the flat, you stole one handbag, five rings, one necklace, one Home Visit Permit, just over 2,000 RMB and HK$5,811.

3.  It is apparent that you must have been in the flat when the male occupant of the flat came home.  He noticed that the lights were on in his flat and that the padlock was missing, he therefore went straight downstairs in order to call the police.  When he returned to the 21st floor, he saw you leaving the flat carrying a brown bag.  You left by taking the staircase.

4.  You were later seen by PC58367, the officer you subsequently assaulted, and other officers at another block in the estate. PC58367 approached you, revealed his identity and told you to stop.  You then fled across the road, dropping the bag you were carrying which contained the items that you had stolen as well as an iron pipe, a pair of pliers and two crowbars.

5.  The officer chased after you and eventually managed to get hold of your T-shirt as you were approaching a flight of stairs. You turned and tried to hit him with your fist.  He fended off that assault and put his arms around your body endeavouring to subdue you.  You continued to struggle and then bit his left upper arm and shoulder.  His reaction to this was to push you away, but you pushed him causing him to lose his balance.  He grabbed hold of your T-shirt and you both fell down the stairs.  You then got up and attempted to escape, but he chased after you and again put his arms around you.  You both fell to the ground.  There was then a struggle.  During the course of this struggle you bit him again, this time on the right shoulder.  It was at this point that another officer arrived and restrained you. 

6.  PC58367 was taken to hospital and found to have abrasions on his left chest, left forearm and right shoulder as well as having marks caused by your bites.  His right little finger was fractured. 

7.  When you were arrested and cautioned, you claimed that you had no recollection as to what had occurred as you claimed that you were on drugs.  However, the fact that you had with you an iron pipe, a pair of pliers and two crowbars is a clear indication that this was not a burglary committed on impulse by someone under the influence of drugs but a calculated and premeditated offence.

8.  As I am sure you are aware, both from what Mr Whitehouse would have told you and from your previous experience in the courts, the normal starting point for burglary of domestic premises where the offender is an adult and a first offender is 3 years’ imprisonment.  In your case you are not a first offender.  You have been before the courts for five previous burglaries and one attempted burglary. 

9.  To assault a police officer by biting him and breaking his finger is a serious offence.  On at least two previous occasions you assaulted or resisted a police officer in the execution of his duty. 

10.  Mr Whitehouse has made an eloquent submission on your behalf suggesting that this might be a turning point in your life as your girlfriend gave birth to your child within a week of you committing this offence.  He informs me that the birth of your child who you have not yet seen has now made you determined to make a new start in life.   While I hope that that is correct, the fact is that you would have known that your girlfriend was about to give birth to your child and that did not stop you committing these serious offences.  Your behaviour so far has given no indication that you intend to make a fresh start. 

11.  I recognize the difficulty of ridding yourself of an addiction to dangerous drugs.  But on three previous occasions when you have been before the courts, the courts have given you the opportunity of ridding yourself of your addiction by sentencing you to drug addiction treatment centre.  On each occasion you failed to take advantage of that opportunity and re-offended. 

12.  I am satisfied that the only option open to this court is to send you to prison yet again.  In my view, the appropriate starting point on the burglary charge is 3½ years’ imprisonment.  The only substantial mitigating factor is your plea of guilty for which you are entitled to the usual discount of one-third.  I accordingly sentence you to 2 years 4 months’ imprisonment on Charge 1.

13.  And so far as the charge of assaulting a police officer is concerned, I am satisfied that the appropriate starting point is 9 months’ imprisonment.  I discount that by one-third to reflect your plea of guilty and sentence you to 6 months’ imprisonment on Charge 2.  I am satisfied that it is appropriate that that sentence runs consecutively to the sentence on Charge 1, and therefore the total sentence I pass on you today is 2 years 10 months’ imprisonment.