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DCCC684/2010
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 684 OF 2010
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Date:
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18 November 2010 at 9.52 am
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Present:
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Mr Bobby Cheung, PP of the Department of Justice, for HKSAR
Mr Lawrence Hui, instructed by Messrs Chan, Wong & Lam, assigned by the Director of Legal Aid, for the Defendant
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Reasons for Sentence
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1. Defendant, you have pleaded guilty to the amended charge of Theft, contrary to section 9 of the Theft Ordinance, Chapter 210, Laws of Hong Kong, the particulars being that you on 15 November 2009 at the Sweet Heart Hotel, No.54-70 Lee Garden Road, Wan Chai, stole cash of $25,600 Hong Kong currency.
2. The brief facts which you have agreed speak for themselves and show that you took the opportunity, whilst the receptionist of the premises was asleep, to enter the hotel at about 6 o’clock in the morning and steal the cash which was contained in a cabinet in the reception area. This was captured on CCTV. Some six weeks later, you surrendered yourself to Wan Chai Police Station and admitted the offence in a video recorded interview.
3. You are 28 years of age now, divorced and have a 7-year-old daughter who is in the custody of your ex-wife. You have a poor criminal record which includes four previous convictions for theft and one for attempted theft.
4. The present offence, however, was committed before your last offence for which you were placed on probation in September of this year. It was for that reason that I decided to obtain a probation report on you before sentencing you. That report is now before me. However, the probation officer takes the view that a further period of probation is not recommended.
5. This is a serious offence. You took advantage of the fact that the receptionist was asleep at that time and stole a substantial amount of money all of which you have now spent.
6. I take into account all that has been said on your behalf by way of mitigation. I have read the letters of support that have been produced before me this morning. The most important mitigation that has been put before me on your behalf is your plea of guilty and I will take that into account in sentencing you.
7. I take as my starting point a sentence of 15 months’ imprisonment. I will discount that by one-third to reflect your plea of guilty which is, as I say, the only mitigation in your case, coming to 10 months’ imprisonment.
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H H Judge Geiser
District Judge |
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