HKSAR v. MO MAN YIP

DCCC1231/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1231 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to the three charges on the indictment: burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, Chapter 210, Laws of Hong Kong (that is Charge 1); theft, contrary to section 9 of the Theft Ordinance, Chapter 210, Laws of Hong Kong (that is Charge 2); and failing to surrender to custody without reasonable excuse, contrary to section 9L(1) and (3) of the Criminal Procedure Ordinance, Cap.221, Laws of Hong Kong (that is Charge 4).

2.  The re-amended Summary of Facts, which you have agreed, establish that sometime between 13 and 14 October of last year, you entered premises as a trespasser at Room A, Flat 34, 11th Floor, Mei King Mansion Phase I, No. 2 Mei King Street, To Kwa Wan.  You yourself lived in the same building at Flat 54 on the same floor as the victimised premises.  Whilst inside these premises, you stole an air‑conditioner, a TV set and two handbags.

3.  As a result of police inquiries, you were arrested on 15 October and you told the police that you burgled these premises as you were in need of money, rather different from what has been put on your behalf this morning, that is, that in fact at the time you were drunk.  In any event, you told the police that you had sold the air-conditioner for $110, and the other stolen property had been variously left at an estate agency and your home.  Your premises were searched, and two items - the bank card and the Jockey Club card - were found.  They of course are the subject matter of Charge 2, and you admitted to the police that you had picked them up next to the mailboxes on the 11th floor of the building.

4.  As regards Charge 4, when you were brought up to this court on 13 December of last year for mention, you were granted bail and were due to appear on 3 January 2012.  However, you failed to attend and when asked why, you refused to answer.

5.  You are 21 years of age.  You do have one previous conviction for theft in 2009 when you were sent to a rehabilitation centre.

6.  In sentencing you, I take into account the matters which have been put before me by way of mitigation.  The fact that you may have been intoxicated at the time of the commission of this burglary due to the death of your grandfather is no excuse for breaking into other people’s homes and stealing their property.  The only real mitigation is your plea of guilty, and I will give you due credit for that.

7.  The proper starting point for a first offender of full age in a case of domestic burglary is 3 years’ imprisonment.  You of course are not a first offender.  Nevertheless, I will adopt 3 years’ imprisonment as my starting point and I will discount that by one-third to reflect your plea of guilty, coming to 2 years’ imprisonment on Charge 1.

8.  On Charge 2, I take 9 months’ imprisonment as my starting point and will reduce this by one-third also to reflect your plea, coming to 6 months’ imprisonment on Charge 2 which, due to the question of totality of sentence, I will order to run concurrently with the sentence on Charge 1.

9.  On Charge 4, you will be sentenced to 2 months’ imprisonment which I order to run consecutively to the sentence on Charge 1, coming to an overall sentence of 2 years and 2 months’ imprisonment in all.

10.  You have offered to pay compensation of $110 to the purchaser of the air-conditioner.  I therefore in addition order you to pay this compensation to the purchaser.  Such sum is to be paid through the officer in charge of the case.