HKSAR v. CHOI MAN FAI

 DCCC644/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 644 OF 2009

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an offence of burglary, contrary to Section 11(1)(b) and (4) of the Theft Ordinance.

2.  You have admitted that on 15 May 2009, you entered as a trespasser of a building known as the Toys Showroom of Henfair S&M Plan Limited at room 907, 9th floor, Houston Centre, Mody Road, Tsimshatsui East and stole a notebook computer.

3.  At about 5.30 pm on that day, the manager of Henfair closed the glass door of the premises which was automatically locked when he went off duty. 

4.  When he returned the following day at about 12.30 pm, he discovered that his notebook computer was missing.  He went to the management office and viewed the CCTV record of the 9th floor of the building.

5.  From the CCTV, it clearly captured the facial appearance of you who had walked out from Airwell (HK) Technologies Limited at room 901 to 902, about 5 metres diagonally opposite the burgled premises.

6. 

7.  A report was made to the police.  At about 9.05 am on 18 May, the police intercepted you in the corridor of the 9th floor of that building and took you back to your office opposite, which was the Airwell Technologies Limited at room 901, 902.  When you were taking out your ID card from your rucksack, the officers saw a notebook computer inside.  When the officers asked you how you got the notebook computer, you admitted that you stole it from the burgled premises. 

8.  Under caution, you said you saw the door of room 907 was not locked and therefore you stole the notebook computer due to momentary greed and you are now very regretful.

9.  The manager identified the notebook seized from you as his stolen property.  It was bought 2 years ago at $8,500.

10.  You had worked in the premises opposite there since March 2008. 

11.  You are 36 years of age and are of clear record, and married, and living with your wife and mother. 

12.  Mr Wong, your counsel, has made very thorough mitigation on your behalf today and he has tried his very hardest to persuade this court to impose anything other than a custodial sentence.  However, rightly recognising that for this offence, an immediate custodial sentence is an appropriate one.  

13.  I have had a bundle of documents given to me which are reference letters written by your family, yourself, your previous employers, and those charity donations you have made. You have sponsored a child in Myanma and most importantly, that you are very, very remorseful and regretful for your misdeeds. 

14.  I accept what you say and Mr Wong says this was a momentary monetary greed.  You say you saw the door opened of the premises and therefore, you went inside and stole this computer.  The evidence of PW1 is that the door automatically locked, so I do not know what the position is here but nevertheless, it is a fact that you entered as a trespasser in to the premises and stole property.

15.  You have obviously disappointed your family as well as yourself.  From your letter, I see that you are going to try your utmost to repay the community. 

16.  You have had been in gainful employment all your life.  You were earning a good salary of $20,000 a month, so as far as I can see, you are not facing any financial hardship and you, as you say yourself stupidly had let your greed take over you and stole this computer.

17.  I am sure that Mr Wong, your counsel, has informed you, for an offence of commercial burglary, the guideline sentence is one of an immediate sentence of 2½ years starting point after trial.  I shall take that starting point and give you the full credit of one-third for your guilty plea and of course, your clear record. 

18.  In the circumstances, you are sentenced to 1 year and 8 months’ imprisonment.