HKSAR v. TSUI YUEN KWAN

DCCC29/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 29 OF 2012

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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) and (4) of the Theft Ordinance.

2.  The two charges of burglary relate to the same premises and the same type of item to which you stole.  The 1st charge relates to the burglary on 23 November 2011 and the 2nd charge, the following day on 24 November 2011.   

3.  The 1st charge relates to you having stolen 136 feet of copper plate, whilst in the 2nd charge you stole 248.7 feet of copper plate.  The location is at a building known as the rooftop, Annex Building, Cheung Sha Wan Salt Water Pumping Station, No. 13 Hoi Fan Road, Tai Kok Tsui, Kowloon. 

4.  In respect of the 1st charge, a supervisor of the Water Supplies Department, whilst conducting a check at the rooftop of the Water Pumping Station, found that 136 feet of copper plate installed at the rooftop of the building, which was for lightning protecting purpose, had gone missing.  He therefore made a report to the police.  The value of those copper plates was approximately $5,440. 

5.  On 24 November, at about 3.30 am a police officer who was on patrol duty saw you had climbed out from the Water Pumping Station over an iron fence.  He then saw you pick up two bags from the ground. The officer then intercepted you and found rolls of copper plates inside those two bags.  He then arrested you for burglary and under caution you admitted that as you were in need of money you stole the copper plates from the rooftop and intended to sell them for money.   

6.  The same supervisor of the Water Supplies Department was told to check whether there were any copper plates that were missing from the rooftop and he confirmed that a further 248.7 feet of copper plate had gone missing.  He was then shown the copper plates that were in your bag and he confirmed that those plates were seized from the rooftop.  He estimated the value of those copper plates at about $9,948.  At the material time, the police also discovered a glove at the rooftop. 

7.  You were later interviewed under caution in a video-recorded interview.  You admitted to climbing over the iron fence and entering the building and then stealing the copper plates installed at the rooftop.  That was for both the 23rd evening and the 24th.   

8.  For the stolen plates that you had stolen on the 23rd evening, you said you sold them at Apliu market for around $3,000-$4,000 and had already spent all money. 

9.  You had taken with you a screwdriver and gloves to steal these plates. 

10.  Your solicitor, Miss Kam Suk-yee, has made very full and thorough mitigation on your behalf.  I have taken into account all that she has had to say. 

11.  In respect of your background, you are 37 years of age, and have received up to Form 2 education.  You have 20 convictions out of 14 court appearances.  Of those convictions, one is similar, which is for burglary, and there are three thefts and three attempted thefts.  You were last sentenced to imprisonment in January 2011 for attempted theft and theft and a breach of suspended sentence and sentenced to 9 months’ imprisonment, to which you were then released on 5 July 2011.   

12.  Miss Kam has informed me that you were divorced in 2004 and have a son aged 14.  Since your divorce, however, you have been unemployed and you have been receiving CSSA in the sum of $1,800 per month.  As can be seen from your record, you are a drug addict and as a result you face great financial difficulties and therefore because of that you committed these two offences. 

13.  Miss Kam rightly points out that your strongest mitigating factor is of course your early plea of guilty and she informed me that you are well-aware of the sentencing tariff.  She asks this court for leniency. 

14.  I was informed that you had spent the $3,000-$4,000 in less than 24 hours as you had spent it on drugs, clothing and consumables. Unfortunately, if that spending reflects the fact as to why you are in financial difficulties, that certainly shows that you the reason why you have financial problems.  That is far more than you can afford to spend and unfortunately if you continue to do that, you will be continuously before the courts.    

15.  As can be seen from your record, you have a number of offences for dishonesty.  You have one similar for burglary.  These sentences do not seem to have deterred you from committing further offences. 

16.  You are still relatively young, 37.  Despite you informing me that you are a drug addict, you look fairly healthy and young.  I am informed by Miss Kam that you are now looking to turn a new leaf.  I sincerely hope that to be the case. 

17.  These offences of burglary are committed on non-domestic premises.  The tariff for this is one of a starting point of 30 months’ imprisonment had you been convicted after trial.  I take that as a starting point for both offences, give you full credit for your plea of guilty and reduce each term to one of 20 months’ imprisonment.   

18.  These, however, are two separate and distinct burglary offences committed on consecutive evenings.  I must reflect that in the sentence whilst also take into account the principle of totality.  I therefore order two months of Charge 2 to run consecutively to Charge 1, making a total term of imprisonment of 22 months’ imprisonment.