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DCCC 60/2025
[2025] HKDC 2122
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 60 OF 2025
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| Before: |
H.H. Judge G. Lam |
| Present: |
Mr. Gabriel Ng, PP, of the Department of Justice, for HKSAR. |
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Mr. Alex Ng instructed by M/s Wai & Co., assigned by the Director of Legal Aid, for the defendant. |
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REASONS FOR SENTENCE
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The defendant pleaded guilty to a charge of "Burglary". He broke into a shop, which was under renovation, and stole some tools.
Summary of Facts
2. In early October 2024, Shops 70-71, Ground Floor, Citywalk 1, Tsuen Wan (collectively "the Shop") were under renovation. Mr. Mak's (PW1) company was engaged to carry out the works.
3. About 12:18 p.m. on 10 October 2024, PW1 and two colleagues left the Shop for lunch. They closed the door of the Shop without locking it. A belt barrier was placed in front of the door. When they returned, they found an electric saw (valued at $1,400), an electric saw battery (valued at $600) and an electric screwdriver (valued at $600) missing. The police were alerted.
4. CCTV footage captured the defendant entering and leaving the Shop between 12:21 p.m. and 12:23 p.m. on the same day. He was carrying a black recycle bag.
Arrest and admissions
5. About 4:00 p.m. on 25 October 2024, PC 24222 (PW2) intercepted the defendant on the street for questioning. Upon search, a black recycle bag was found in his front trouser pocket. Under caution, the defendant admitted entering the Shop to steal 2 electric saws around noon on 10 October 2024. He sold them to a second-hand goods buyer for $400.
6. PW2 arrested the defendant at 4:10 p.m. on the same day. Under caution, he admitted that he was in need of money and greedy. On seeing no one in the Shop, he went inside and stole 2 electric saws.
Mitigation & Sentence
7. The defendant is 72 and has 6 conviction records, which included 3 "Robbery" offences (dated 1971 and 1975) and 1 "Theft" offence (dated 1991). Defence counsel Mr. Ng informed me the defendant is retired and resides with his wife and daughter. His wife is a domestic assistant; and his daughter, a university graduate looking for work. In mitigation, Mr. Ng submitted that the defendant's last conviction is dated 1991. He clearly has reformed and behaved himself in the past 30 odd years. Owing to his age, he has health issues related to his lungs, liver and prostate.
8. Time after time, the court has expressed in very clear terms that being in financial difficulty (however serious) is no mitigating factor for committing a crime.
9. In the present case, the defendant acted alone; targeted at a shop under renovation when it was unattended; and no tools were used. I do not know why after 30 odd years, at the age of 71, he suddenly re-offended. In any event, I accept Mr. Ng's submission that the burglary in the present case is of the "sneak-thief" type.
10. I am aware of the Court of Appeal's decisions in HKSAR v Cheung To Ming [2006] 2 HKLRD 259 and HKSAR v Sim Ka Wing CACC 450/2000. I consider a starting point of 18 months' imprisonment appropriate and just for this case. With the timely guilty plea, I sentence the defendant to 12 months' imprisonment. I see no other mitigating factors which warrant any further reduction. Old age and health issues have no mitigating effect in this case.
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