HKSAR v. LEE CHAU WAI

DCCC 113/2025

[2025] HKDC 1781

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 113 OF 2025

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REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Burglary". He broke into a newsstand and stole some cash and cigarettes.

Summary of Facts

2.  Mr. Fan (PW1) operated a newsstand situated at Ground Floor, No.71C Fu Shin Street, Tai Po ("the Stall").  Its business hours were from 6:00 a.m. to 4:00 p.m. daily.  The Stall had a metal roller shutter, which was extendable horizontally for fencing off its perimeter. 

3.  Before leaving the Stall around 4:00 p.m. on 27 July 2024, PW1 pulled out the roller shutter and secured it by a chain and a padlock.

4.  About 6:00 a.m. on 28 July 2024, PW1 returned to the Stall and noticed a portion of the roller shutter bulging outward.  He also found some coins scattered in the alleyway outside the Stall.

5.  PW1 unlocked and retracted the roller shutter.  The chain, padlock and roller shutter were intact.  Upon checking the Stall, PW1 found cash in the sum of $30,000 and 6 cartons of cigarettes (10 packs per carton; valued at $5,880 in total) missing.  PW1 also found in the Stall a black cap which did not belong to him.  The Police was alerted.  PW1 later found a blue recycle bag also missing from the Stall; and a black left flip-flop which did not belong to him near the Stall.

6.  CCTV footage of a neighbouring shop captured a male (later confirmed to be the defendant) wearing a black cap, a black T-shirt, black shorts, and black flip-flops walking around the vicinity twice between 12:22 and 12:26 a.m. on 28 July 2024.

7.  CCTV footage of Kui Wo House, Tai Wo Estate, Tai Po (which was just a few minutes' walk from the Stall) captured the defendant entering the Ground Floor lobby at 1:13 a.m. on 28 July 2024.  He was in a black T-shirt, black shorts and a black flip-flop on his right foot carrying a blue recycle bag.  His black cap and left flip-flop were missing.

8.  The defendant was arrested at 5:40 p.m. on 29 July 2024 near the Ground Floor of Kui Wo House.  He was residing in that building.

Mitigation & Sentence

9.  The defendant is 36 and has 5 conviction records (4 "Burglary" offences and 4 "Theft" offences).  Defence counsel Ms. Cheng informed me that the defendant is single and resides with his father (aged 80).  His mother (aged 65) stays in an elderly home.  The defendant also has several siblings.

10.  In mitigation, Ms. Cheng submitted that the defendant committed the present offence due to heavy debts. He borrowed $30,000 from a finance company about 10 years ago.  Being unable to repay the loan, he now owes $130,000 (principal plus interest).  The defendant was a construction worker until 2014.  He was fired for missing work for a few days to look after his parents who were sick.  Since then, he was unable to find a job.  He began to suffer from depression and subsequently, schizophrenia, which made it difficult for him to seek employment.  In order to better understand the defendant's mental health history, I decided to call for a psychiatric report.

11.  The psychiatric report revealed that the defendant was assessed to be of limited intelligence when young.  He did not complete secondary school, but completed his carpentry training with the Construction Industry Council.  He had his first "hearing voices" experience and paranoid ideas in 2013, but did not seek treatment.  He was admitted to Tai Po Hospital from April to June 2017 for treatment of paranoid schizophrenia.  At present, he is settled, coherent, of stable mood and shows no signs of mental disturbance.  Dr. Lui of Siu Lam Psychiatric Centre takes the view that the defendant's mental illness may have some effects on his personality such as morals and self-control.  His limited intelligence does not help him learn.  He should continue to attend the outpatient clinic for depot injection and advice.

12.  In the present case, the defendant acted alone and probably did not use any tools.  He stole $30,000 (which is not a small sum) and 6 cartons of cigarettes from a not very well secured newsstand.  On 21 February 2024, the defendant was sentenced to a total of 6 months' imprisonment for 2 "Theft" offences.  The present case took place in July 2024, meaning he reoffended soon after being released from prison.

13.  The normal starting point for non-domestic burglary is 2.5 years' imprisonment.  The defendant is no doubt a repeated offender of theft-related offences.  Notwithstanding his limited intelligence and psychiatric illness, I see no reason not to increase the starting point to 33 months.  With the timely guilty plea, the sentence becomes 22 months.  Apart from this, I see no other mitigating factors which warrant any further reduction.  I sentence the defendant to 22 months' imprisonment.

14.  As recommended by Dr. Lui, I invite the Commissioner of Correctional Services to arrange for the defendant to receive the necessary psychiatric treatment.