HKSAR v. FUNG TSZ LOK

DCCC 1318/2023

[2024] HKDC 1499

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1318 OF 2023

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REASONS FOR SENTENCE

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1.  The D pleaded guilty to 4 charges of burglary.

2.  In all the 4 occasions, the D entered into the same warehouse located in Pat Hung, Yuen Long to steal a total of 411 mobile phones:

(a)  Charge 1 - on 30 May, 2023 - at around 0352 hours

(b)  Charge 2 - on 14 June 2023 - at around 0240 hours

(c)  Charge 3 - on 16 June, 2023 - at around 0352 hours

(d)  Charge 4 - on 29 June 2023 - at around 0352 hours

3.  In each occasion, the D stole an unspecified number of mobile phones.

4.  On 21^st July 2023, the D was arrested.  Under caution, he said that he admitted entered into the warehouse to steal around 400 mobile phones because he was in debt.

Mitigation

5.  The D has a clear record.  He is now 38 years old, divorced with a 14 years old son. Prior to his present remand, he used to live with his mother and his other family members.  He worked in the warehouse previously.  He has to support his family as his mother required regular medical attention.  He is now remorseful.

Sentence

6.  As to non-domestic burglary, the usual sentence is one of 30 months.

7.  In the present case, the warehouse company could not recovered the 411 mobile phones, the total cost is RMB 875,000.00.  The D acted alone in all these 4 occasions.

8.  There is an aggravating factor in the present case:

· The D committed the offence repeatedly over a period of one month in the same warehouse.

9.  In such circumstances, I enhance the sentence in charge 2 to 4 by 3 months.

10.  The Defence referred to the case of HKSAR v Chan Hung Nam CACC 213/2019 that the appellant was convicted on his own plea for 7 charges of burglary offences on the same building.  His aggregated sentence was reduced from 60 months to 48 months.

11.  Taking all the matters into consideration, the sentence for each charge is as follows:

(a)  Charge 1 – starting point is 30 months, reduce to 20 months after 1/3 discount;

(b)  Charge 2 to 4 – starting point is 30 months, enhance by 3 months, it arrives at 33 months; reduce to 22 months after 1/3 discount.

Totality principle

12.  I consider that a total sentence of 48 months is appropriate to reflect the culpability of the D and the gravity of the offences, as such, I order 6 months from charge 1 and 10 months each from charge 3 and 4 to run consecutively to charge 2.

Charge	Starting point (months)	Enhancement (months)	1/3 discount (months)	Totality (Months)[1]
1	30		20	6
2	30	3	22
3	30	3	22	10
4	30	3	22	10
			TOTAL: -	48

13.  The total sentence is 48 months.