HKSAR v. LAU WA KWO

DCCC 252/2021

[2021] HKDC 1113

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 252 OF 2021

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REASONS FOR SENTENCE

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1.  The defendant pleads guilty to one charge of burglary, contrary to section 11 of the Theft Ordinance[1].

2.  Full particulars of the offence are set out in the summary of facts dated 26 August 2021, admitted by the defendant today.

3.  In summary at around 22:30 hours on 12 November 2020 Mr Tsang returned to his home at Flat D, No.62 Nam Hang Pai in Yuen Long to find his home ransacked and a window removed.  One gold necklace, one gold ring, two bottles of SKII cosmetic products, one pair of Puma trainers, one plastic bag with blue and red pattern and $24,000 cash, were missing.  The total value of the stolen property is $58,320.

4.  Mr Tsang reported the case to the police.  CCTV in the vicinity captured the defendant walking towards Mr Tsang’s home at 16:22 hours on 12 November 2020 and walking away at 17:14 hours carrying a plastic bag with blue and red pattern.

5.  The defendant was arrested at her home on 19 November 2020.  During a house search the police found one of the bottles of SKII cosmetic products.  In a second search the following day the police found the pair of Puma trainers. 

6.  In a video recorded interview, the defendant admitted, inter alia, that she burgled the flat by first removing one of the windows, climbing into the flat and stealing property which she put in a blue recycle bag.

Mitigation

7.  In passing sentence, I have carefully considered the oral and written submissions of Mr Ma, including that the defendant, who is 39, single and lives with her mother, suffers from depression[2].

8.  I take into account the defendant has had a difficult upbringing and at the age of 21 gave birth to a son who she has not seen for a few years after the father obtained custody[3].   I have read the letter written by Reverend Venus Poon which also details the defendant’s upbringing and the impact on her when the father of the child obtained custody.

9.  Mr Ma explains that the defendant committed the burglary because she needed money to repay loans having lost money on investments introduced to her by a person she met online[4].

10.  The defendant wishes to start afresh and improve the relationship with her son[5].

Starting point

11.  The correct starting point for a single burglary of domestic premises committed by a first offender of full age where there are no aggravating or mitigating features is 3 years’ imprisonment. 

Aggravating factors

12.  The defendant has appeared in court on 12 occasions accumulating a total of 17 convictions, 11 of which are for offences of dishonesty including attempted burglary, theft, handling stolen goods and obtaining property by deception.  The defendant last appeared in court on 25 June 2019 when she was sentenced for one offence of theft to 3 months’ imprisonment.  I am satisfied the defendant is a persistent offender and enhance the starting point by 3 months to 3 years and 3 months’ imprisonment.

13.  Giving the defendant full credit for her plea of guilty she is convicted and sentenced to 2 years and 2 months’ imprisonment.