HKSAR v. WONG KAM HUNG

DCCC833/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 833 OF 2008

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Reasons for Sentence

1.  Defendant, you pleaded guilty to one offence of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, Cap.210, and to one offence of attempted burglary, contrary to section 11(1)(a) and (4) of the Theft Ordinance, Cap.210 and section 159G of the Crimes Ordinance, Cap.200.  You denied one offence of attempted burglary, which was left on the file.

2.  In respect of the two matters to which you did plead guilty, you admitted the Summary of Facts and I convicted you of those offences. 

3.  The facts were as follows.  Firstly, in respect of Charge 3, on the afternoon of 24 July last, police officers in uniform were patrolling in Hung Hom.  At about 1650 hours they entered No. 14 Wan Fat Street.  One officer guarded the entrance.  At 1708 hours an officer observed a male standing outside the flat on the 1st floor.  The male was seen to interfere with the gate.  Suddenly he fled down the staircase.  However, at 1710 he was intercepted and found to be in possession of white labourer’s gloves and a waistbag.  That person was you.  You were arrested after a brief struggle.

4.  Marks indicating prising were found on the locks of the iron grille and wooden door of the flat. 

5.  Under caution, you admitted to be attempting to burgle the flat as you had lost $5,000 gambling.  Under caution, you admitted the offence, saying that you bought a crowbar in the vicinity and picked up the gloves from nearby.

6.  You admitted two more burglaries, one in mid-May and one in late June.

7.  I turn now to the facts of the 1st charge.  That resulted from an admission you admitted to burgling a flat at No. 50 Wing Kwong Street, Hung Hom, in mid-May 2008.  From there you stole $2,000.  You took the police to the location and stated you had climbed onto scaffolding from the rooftop and entered the flat.  You could not recall the exact flat but on 11 May a report of burglary in respect of Flat H, 6th Floor, No. 50 Wing Kwong Street had been received.  This had taken place between 1620 hours when the occupant left the flat and 1815 hours when she returned.  Her kitchen window had been left open and $2,000 had been stolen.

8.  You admitted to eight previous convictions, seven of which involved dishonesty, five were burglaries.

9.  Prior to sentence I called for and have today considered a Background Report prepared by the Probation Service.  That report has been extremely helpful.

10.  In mitigation, Mr Cheung on your behalf acknowledged your bad record.  He stressed your plea of guilty.  He said that the offences occurred out of financial hardship occasioned by the medical expenses for your father and the cost of your wedding last year.  Two medical reports in respect of your mother were produced.  I noted your mother does suffer from hypertension.  It was said that your mother and your wife are both standing by you.

11.  Both of these offences involved domestic premises.  You have a poor record involving previous offences of burglary.  In mitigation, I do acknowledge the help that you provided to the police by your admission.  Charge 1 came to light as a result of this.

12.  In sentencing you I took into account the mitigation advanced on your behalf and, of course, the contents of the Background Report.  I have to say that the overall tenor of that Background Report is not encouraging.

13.  I deal first with Charge 1, which is the full burglary.  I took in that case a starting point of 3 years’ imprisonment, reduced to 2 years for your plea of guilty.

14.  In respect of Charge 3, which is an attempted burglary, again I took as a starting point 3 years’ imprisonment, reduced to 2 years for your plea of guilty.

15.  I apply the principle of totality.  So you will be sentenced to 2 years’ imprisonment on the first offence, 2 years’ imprisonment on the third offence.  That will be served one year concurrent and one year consecutive, making a total of 3 years’ imprisonment.