HKSAR v. TANG YEE LUT

 DCCC422/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 422 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to three separate offences of burglary, each contrary to sections 11(1)(b) and (4) of the Theft Ordinance, Cap 210. You admitted the brief facts and I convicted you. The facts are as follows.

Charge 1

2.  PW1 and PW2 resided at the 5th Floor No. 26A, Fuk Wa Street, Sham Shui Po. At about 6 pm on 24 February 2008, PW1 left the flat secured with all electrical equipment switched off. PW1 and PW2 returned at about 8.30 pm and found one of the window frames missing. PW1 also found part of the ventilation fan in the toilet on the floor and the bedroom air conditioner switched on.

3.  PW2 found $6,340 missing from a drawer in the wardrobe in the master bedroom. Police officers attended and lifted fingerprints from the bedroom and toilet.

Charge 2

4.  PW6 resided at Flat F, 3rd Floor, No. 1A-1C, Shek Kip Mei Street, Sham Shui Po. At about 3 pm on 16 March 2008, she left home, closing but not locking the front door and metal gate. At about 7.15 pm she returned to find the flat ransacked and one of the kitchen windows removed.

5.  HK$7,000, RMB4,500 and a diamond ring were missing from a drawer in the master bedroom. Police were called and fingerprints found.

Charge 3

6.  PW4 resided at the 8th Floor, No. 105 Cheung Sha Wan Road, Sham Shui Po. At about 7.45 am on 28 March 2008, she left the flat secure. She returned at 6.55 pm that day to find one of the window frames in the toilet to be prised open and the flat ransacked.

7.  She found HK$6,000 and RMB7,000 missing from a drawer in her son’s room. The police were called and fingerprints were found. An expert of the Police Identification Bureau found fingerprints lifted from all three flats to match those of yours.

8.  On 5 March you were arrested at Lo Wu on your return from Mainland China. Under caution, you admitted to committing all three burglaries alone, stealing the money and then spending it. You admitted to 20 previous convictions on 10 appearances, of which 10 offences were of burglary.

9.  I had adjourned sentence for a psychological report, which is now before the court, which has been explained to you and agreed by you. The thrust of that report is to say that psychological intervention may be helpful but the outlook is not particularly optimistic.

10.  Miss Chong on the last occasion and today entered mitigation on your behalf. I shall highlight the main points of the two addresses. She stressed that you had returned to Hong Kong from the mainland and surrendered yourself. I accept that. She referred to your personality problems which are referred to in the psychological report and stressed your willingness to seek and accept assistance, even if in custody. In respect of money and goods stolen, she told me that your ex-wife is willing to assist to repay. However, that would be by way of instalment. I came to the conclusion that that would not be appropriate and is better left to a civil court, though I do note the offer.

11.  Miss Chong also told me that you enjoyed the support of your family, especially that of your ex-wife who on release had resolved to take you to church in order to assist you to reform yourself. I am told that your younger son is mentally retarded and works in a sheltered workshop, a place where your ex-wife also works on a voluntary basis. Your parents are standing by you.

12.  I am told that you committed these offences out of financial necessity, your business having been declared bankrupt. At that time I am told that the banks and financial institutions were vigorously pursuing you. Miss Chong also said on your behalf that these were opportunist burglaries. They were not planned and that is evidenced by the leaving of fingerprints and the lack of preparation. I accept that.

13.  Three letters were produced which I have read and considered. These include letters from your parents and ex-wife and a lengthy letter from yourself in which you express your remorse and resolution to turn over a new leaf. Miss Chong stressed your plea of guilty and asked for leniency.

14.  I turn now to the sentence. We are dealing today with three offences of burglary of domestic premises committed by a man with an appalling criminal record for similar. My interpretation of the psychological report is that there is little optimism but suggests that psychological treatment be considered.

15.  It is to your credit that you surrendered yourself, and that having surrendered yourself, you were entirely co‑operative with the police. I note also the offer by your ex-wife to attempt to make restitution but I think this is inappropriate in the circumstances.

16.  In sentencing you, I have taken into account the nature of the offences, the facts of the offences, the contents of the psychological report and the mitigation advanced and the letters that have been produced.

17.  As I have said, it has to be faced that you have an appalling record for committing burglary. These three convictions take you up to 13 convictions for that offence alone. I have considered an enhanced penalty but rejected that in view of what has been said.

18.  In each case, I take as a starting point 3 years’ imprisonment reduced to 2 for your plea of guilty. I do take into account, as I said, the mitigation. The sentence will be served 2 years on Charge 1, 2 years on Charge 2 consecutive, and to apply the principle of totality and give allowance for the mitigation, 2 years concurrent on Charge 3. That is a total of 4 years’ imprisonment.

19.  I also recommend to the prison authorities that you be offered psychological assistance if possible.