HKSAR v. MOHAMED SULAYMAN

DCCC 1032/2024

[2025] HKDC 933

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1032 OF 2024

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REASONS FOR SENTENCE

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Plea

1.  The defendant (“D”)  pleaded guilty to a single count of “burglary” of non-domestic premises, contrary to section 11(1)(b)  and (4)  of the Theft Ordinance, Cap 210.

Admitted facts

2.  There was a storage area in “Don Don Donkiˮ situated on LG Floor, 100 QRC, No. 100 Queen's Road Central, Central (“the Shopˮ).  At the entrance of the storage area, there were (i)  a railing with a poster showing “Staff only 職員通道”；(ii)  a large cloth with the large wordings of “Staff only”, “STOP”, “只限員工進入” hanging from the top to bottom disallowing customers to see from the outside; and (iii)  a wired plank supporting the cloth.  The entrance of the storage area was adjacent to the “adults only” section of the Shop, which was open to customers to check out.  The storage area was not open to customers.

3.  At around 10:15 pm on 8 May 2024, Ms Chan (“PW1”), a staff of the Shop, saw from the CCTV footages that D was wandering at the “adults only” section of the Shop, and he also peeked inside the storage area.  PW1 then made a report to the Police.  D was then observed to have moved away the railing, the cloth and the wired plank to enter the storage area.  Whilst D was ransacking the items inside the storage area, D put boxes of different items into his cross-shoulder bag.  The whole incident lasted for about 20 minutes.  D then left the storage area.

4.  At about 10:40 pm on the same day, police officers saw D walking out of the Shop carrying a black bag, and they then declared their police identity.  D then turned around and tried to leave, but was eventually intercepted by the Police.  Upon search of the black bag, (i)  120 boxes of liquid bandage (HK$5,988); (ii)  30 bottles of deodorant (HK$1,497); (iii)  one pair of scissors (HK$98.9); and (iv)  one pack of powdered oil clear paper (HK$15.9)  were found.  Those items were confirmed to be items belonging to the Shop.

5.  D was then arrested.  Under caution, D stated “啊Sir，我偷嚟自己用 (for own use)，not involved her”.  A cautioned VRI was later conducted with D in which he stated that (i)  he could listen to, write and speak English; and (ii)  he stole the seized items and put them into his black bag.

The Offence

6.  At the material time, D having entered as a trespasser part of a building known as the Shop, stole therein 120 boxes of liquid bandage, 30 bottles of deodorant, one pack of powdered oil clear paper and one pair of scissors.

The defendant’s criminal records and mitigation

7.  D is now 31 years old and born in Hong Kong, single but now have a baby daughter of 6 months’ old.  He left school in 2012 after secondary school Form 6.  D has 9 sets comprising of 13 previous convictions, most of them are dishonest related offence.  Last conviction in June 2024 is also theft which he received 2 months’ imprisonment.  D is a recidivist. 

8.  In mitigation, Mr Corlett, Counsel for D stressed that D pleaded guilty at the first opportunity.  D committed the present offence out of financial difficulty.  The baby daughter might hopefully change D to be a more mature and responsible father.

Sentencing consideration and discussion

9.  The conventional starting point for burglary of non-domestic premises committed by a first offender of full age in the absence of aggravating or mitigating factors is 2½ years’ imprisonment (see Attorney General v Lui Kam Chi [1993] 1 HKC 215 and HKSAR v Sim Ka Wing CACC 450/2000).

10.  The aggravating features in this case include the fact that D is a repeated offender.  He has a few dishonest related convictions.  Secondly, the value of the property was substantial.

11.  Having considered Mr Corlett’s submissions, which is short and concise, my preliminary view is that 3 months’ enhanced sentence should have been given for the offence because of the aggravating feature, but I decided not to enhance the sentence as I hope D’s baby daughter may bring him hope and love. 1/3 discount be given for his guilty plea and that arrived at 20 months for the offence.  The total sentence D has to serve is 20 months’ imprisonment.