HKSAR v. NG KA SING, MICK

DCCC 1097/2017

[2018] HKDC 1060

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1097 OF 2017

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Reasons for Sentence

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1.  The defendant has pleaded guilty to four charges: theft of a motorcycle, driving without a valid driving licence, using a motor vehicle without third party insurance, and then failing to surrender to custody without reasonable cause.

2.  The facts of this case are that the victim bought a motorcycle in December 2016 for $10,000, and in June 2017, she parked it outside Fu Cheong Estate Carpark in Sham Shui Po.  On 22 July 2017, she discovered it missing at about 11 pm.  She reported it missing to the police.

3.  At about 3.50 am on 2 September 2017, police officers spotted the defendant driving that motorcycle along Cheung Sha Wan Road.  When the defendant jumped a red light, they stopped him.  It was then that they discovered this motorcycle was stolen and also discovered that the defendant was driving it without a driving licence and therefore without any third party insurance.  Subsequently, they discovered that the keylock had been replaced with a new lock.  This has caused some $2,200 damage for the victim to fix.

4.  Under caution, the defendant told the police that the bike belonged to a friend who lent it to him.  Later, under caution, he remained silent.

5.  In December 2017, the defendant’s case was transferred to the District Court, but he failed to answer bail and failed to appear on 21 December.  The court issued an arrest warrant.  The defendant was subsequently arrested on 23 February 2018.  He told the police that he was afraid to go to prison which was why he did not attend court.

6.  The defendant is not a man with a clear record. Over 11 court appearances, he has 14 convictions.  In fact, on three occasions, he has jumped bail.  This is the fourth.  He has three offences involving dishonesty.  Presently, the defendant is serving a 14-month term of imprisonment for operating a gambling establishment and using a false instrument.

7.  I have heard in mitigation that the defendant is 40 years old, divorced.  He is now living with his girlfriend, and by trade, he is a plumber as well as an electrician and earning about $11,000 a month.  He now realises that he prefers not to go in and out of prison and wants to turn over a new leaf.  He has made an effort recently and whilst in prison has taken to some training, has attended a Putonghua course as well as obtained a certificate in food and hygiene.  His best mitigation today is his plea of guilty.

8.  I take into account the value of the vehicle stolen, the seriousness of you driving around Hong Kong without a licence and without any insurance.  Without insurance, you have posed a danger to other road users and pedestrians.  I take into account mitigation put forward on your behalf.  I have also taken into account the totality principle. 

9.  I will for the 1st charge take a starting point of 2 years and 6 months.  For the 2nd charge, I take a starting point of 3 months.  For the 3rd charge, I take a starting point of 12 months.  For the 4th charge, taking into account it is the fourth time, I take a starting point of 9 months.

10.  You have pleaded guilty to all those charges. You are entitled to a discount of one-third.  After that discount is applied, for Charge 1, you are sentenced to 1 year and 8 months; for Charge 2, you are sentenced to 2 months; for Charge 3, you are sentenced to 8 months.  You are disqualified for a period of 2 years from driving any class of vehicle.  That disqualification period starts from today. Charge 4, you are sentenced to 6 months.

11.  I order that Charges 1, 2 and 3 will be served concurrently.  I order that 3 months of Charge 4 be served consecutively to Charge 1 and 3 months concurrently.  Therefore, the total sentence for all four charges is one of 1 year and 11 months.

12.  I take into account you are presently serving a sentence.  I order that 3 months of this sentence be served concurrently to the present sentence you are now serving.  I will order that the bail of $2,000 cash be paid to PW1, the victim, as compensation through the courts, the balance of $200 compensation to the victim to be paid within 30 days from today through the courts.