HKSAR v. CHAN YUK MAN ANNY

 DCCC162/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 162 OF 2010

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Reasons for Sentence

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1.  You have pleaded guilty to six offences of theft, contrary to section 9 of the Theft Ordinance, Cap. 210. You admitted the brief facts and I convicted you.

2.  The facts were as follows.

Charge 1

3.  PW1 was a member of staff of Koon Chiu Jewellery Limited at 219 Temple Street. At about 1725 hours on 18 November last, you requested to try on gold bracelets. One shown to you was SP1, valued at $4,000. You tried some on and after a few minutes left. PW1 then discovered SP1 to be missing. CCTV captured you keeping SP1 in your hand without returning it to PW1. On 11 January last, PW1 identified you at an ID parade.

Charge 2

4.  PW2 was a member of staff of Fook Moon Lam Limited, 341-343 Chai Wan Road. Around 1410 hours on 4 December last, you requested to look at gold necklaces. You were shown five, one of which was SP2, which was valued at $13,040. You left without making a purchase and PW2 found SP2 to be missing.

Charge 3

5.  PW3 was a member of staff of Luk Fook Jewellery Limited at 277-291 King’s Road. At about 1440 hours on 4 December last, you requested to look at gold necklaces. PW3 showed you some. One, SP3, was valued at $13,536. You left without making a purchase and PW3 subsequently found SP3 to be missing. You were captured on CCTV. You were identified by PW3 at an ID parade on 11 January last.

Charge 4

6.  PW4 was a member of staff of Chow Sang Sang Jewellery Company Limited at 691-693 Nathan Road. At around 1525 hours on 15 December last, you requested to look at necklaces. You were shown five, one of which, SP4, was valued at $18,200. You left without making a purchase. PW4 found SP4 to be missing. CCTV captured you putting SP4 into your handbag.

Charge 5

7.  PW5 was a member of staff of Sing Fai Jewellery Company Limited at 345 Chai Wan Road. At about 1530 hours on 27 December last, you requested to look at gold necklaces and rings. Two necklaces and two rings, SP5, were valued at $26,758. You left without making a purchase. After you left, PW5 discovered SP5 to be missing and reported the matter to the police. CCTV captured you putting something into your handbag. On 11 January last, PW5 identified you at an ID parade.

Charge 6

8.  PW6 was a member of staff of Chun Po Diamond Jewellery Limited at 3-4 Hanoi Road, Tsim Sha Tsui. At around 1735 hours on 5 January last, PW7, a police officer in plain clothes saw you enter. You asked to see some bracelets. One was SP6, valued at $3,735. You left without making a purchase. PW7 was suspicious and asked PW6 to check. Upon checking, PW6 found SP6 to be missing. CCTV captured you trying on SP6 without taking it off. PW8, another DPC who was following you, arrested you. On 11 January 2010, PW6 identified you at an ID parade. Subsequently, your house was searched and clothing seized.

9.  Between 2125 hours on 7 January 2010 and 2136 hours, PW8 conducted a video recorded interview with you under caution. You admitted stealing SP6 and dropping it on the pavement in Hung Hom, as you feared you were being followed.

10.  Between 2004 hours and 2233 hours on 6 January, you were interviewed again under caution by PW7 and you admitted the following.

Charge 1: You were the person on the CCTV. You stole SP1 by putting it in your handbag.

Charge 2: You stole SP2 by keeping it in your palm. You had already sold it for $10,000 and spent the money.

Charge 3: You were the person in the CCTV. You stole SP3 by hiding it in the palm of your hand. You had already sold SP3 for $10,000 and spent the money.

Charge 5: You were the person on the CCTV. You stole SP5. You had sold it for $18,000.

11.  Between 1431 hours and 1441 hours on 7 January, you were interviewed regarding Charge 4 and under caution you admitted the following.

You were the person shown on the CCTV;

You stole SP4 by concealing it in the palm of your hand, then putting it into your handbag;

You had sold it for $15,000 and had spent the money.

12.  The total value of goods stolen in the course of these six thefts was $79,269. You have admitted to having been convicted on 11 previous occasions, which included 18 previous offences of theft.

13.  On your behalf, Mr Lam entered mitigation. He told me that you are 42 years of age, single, educated to Form 2 and now unemployed. After your last release from prison you had worked as a care assistant in an Old Persons Home earning $6,500 per month. You had lost that job in October 2009. The present offences resulted from gambling losses in Macau and involving yourself with loan sharks to the tune of $200,000.

14.  Mr Lam emphasised your plea of guilty, which had been at the first available opportunity, and also that these were not organised thefts, you having operated alone. The total value of the goods stolen was just under $80,000.

15.  I turn now to the sentence. Whilst it is unusual to find shop theft before the District Court, this is a catalogue of six thefts of luxury items committed by a lady with an appalling record of shop theft going back to the 1980s. I do take into account what is said in mitigation on your behalf. I note that there has been no offer of compensation, nor is there any reasonable prospect of such. I accept that you acted alone and I also accept that on arrest you were co-operative with the police.

16.  Whilst these are six separate offences, I do treat this as a course of conduct over a period of some 6 weeks. There is a marked persistence. The goods stolen were luxury goods, clearly stolen to be sold. Your reason for stealing is not one that is deserving of sympathy. In all the circumstances, a starting point of 18 months would have been appropriate had it not been for your appalling record.

17.  Your persistent commission of the crime of theft warrants a higher starting point. That starting point will be one of 30 months’ imprisonment. However, I note your plea of guilty and you are deserving of, and receive, one-third discount for that. You will therefore go to prison for a period of 20 months on each offence to be served concurrently, a total of 20 months’ imprisonment.