HKSAR v. YEUNG WAI TO

DCCC932/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 932 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an offence of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance.

2.  You have admitted that on 2 August 2010, you entered, as a trespasser, Room No. C6 - at Tsung Tsin Mission of the Hong Kong Kwong Fuk Home for the Elderly, on the 3rd floor of Kwong Yan House, Kwong Fuk Estate, Tai Po.

3.  You stole therein one handbag, two wallets, one plastic box, cash of HK$3,900, cash of RM600, an ID card, a home visit permit, one citizen card, one mobile phone and one Octopus card.  These properties belonged to an elderly lady, aged 75, called Tam Kam-yee, who was a resident at the elderly home and who resided at Room C6.

4.  On 2 August at about 7.15 am, Madam Tam left her room for breakfast.  Before she left, she made sure that she locked all her personal belongings in her wardrobe.  She then took the key away with her.  The door to her Room C6, however, was left open.

5.  When she returned to her room at around 8 am on the same day, she noticed that the wardrobe was prised open.  A fruit knife and a spoon were found on the table and were both bent.  She discovered that those items as mentioned in the charge had been stolen.

6.  A report was then made to the police, and the CCTV footage was viewed.  It was seen from the footage that you had entered Room C6 at 7.32 hours and left the room three minutes later.  A member of the staff at the elderly home identified you as the son of one of the residents of the elderly home.

7.  On the following day at around 9.30 am, you were stopped by police at the Nam Cheong MTR station for a routine enquiry.  As you were on the wanted list, you were arrested. 

8.  In a subsequent video-recorded interview, you admitted that you visited the elderly home on the previous morning.  You admitted that you went into Miss Tam’s room and prised open the wardrobe using the fruit knife and spoon, and that you stole all the items in the charge.  You left the elderly home via the rear staircase and you said that you only kept the $3,000-odd cash, whilst you disposed of all the other stolen items at a park close to the elderly home.

9.  You further stated that you spent all the stolen money with friends on food and entertainment. 

10.  All the properties stolen from the premises were not recovered, and the total estimated value of all the properties stolen was approximately HK$4,385 and RMB600.

11.  Your solicitor, Mr Sit, has made full and thorough mitigation on your behalf this morning, and I have taken into account all that he has had to say.

12.  You are 41 years of age and you have 15 items of conviction on your criminal record:

(1) in 1996 you were convicted of five charges of burglary and sentenced to 3 years’ imprisonment;

(2) in December 2003, you were convicted of two charges of burglary and sentenced to 2 years 2 months’ imprisonment;

(3) in July 2006, you were convicted of two charges of burglary and sentenced to 3 years’ imprisonment.

13.  You therefore have nine similar convictions for burglary.  The other charges concern possession of dangerous drugs and other offences of dishonesty.

14.  Mr Sit has informed me that in March this year, you married a woman from China and that you were living on CSSA.

15.  On the day in question, you had gone to the elderly home early, as your motive was to try and steal from the residents.  You were in need of money, as you are addicted to drugs.  You spent approximately $400 a day on drugs and since you are unemployed and did not have sufficient funds, you committed this offence. 

16.  You are remorseful for what you have done.  You apologised to the victim and you have, in fact, offered to pay her all the money you had in your possession when you were stopped by the police officers. Arrangements have been made that this money will be given to the victim and the money is HK$1,148.50 and RMB560.

17.  Mr Sit, on your behalf, recognises quite rightly that you have been punished previously for similar offences.  However, you nevertheless are very remorseful for committing this offence this time.

18.  He accepts it is deplorable in these circumstances to burgle in the manner that you did.  You are remorseful and ashamed, but you realise that you will go to prison for a while, and that you will turn over a new leaf when you are released from prison.

19.  There is no other better word to describe this as a deplorable act committed by you.  It is despicable that you should intentionally target the elderly in their old age home who are helpless. 

20.  The lady in this case was 75.  You robbed her of all her personal belongings that she kept, I am sure, and treasured, in her cupboard.  I do not know whether that was her life savings, but certainly it would have been a lot of money for the elderly lady.

21.  This is a heartless attack on those innocent elderly victims, more so that you went there knowing even that your mother was a resident of this elderly home.  What would you do or how would you feel if this happened to your mother?

22.  I accept now that you have done all you can to compensate her, which is a good reflection of your attitude of remorse for this offence, but I cannot ignore the fact that you are a multiple offender of burglary, and despite the terms of imprisonment which have been handed down to you, you do not seem to have treasured the chance.

23.  As Mr Sit rightly says, for domestic burglary, the usual starting point is one of 3 years’ imprisonment.

24.  In view of the fact that you are a persistent offender, I consider a higher starting point higher than that of 3 years. I consider a starting point of 3½ years’ imprisonment to be appropriate.

25.  However, you have pleaded guilty and therefore I shall give you full credit of one-third reduction to reduce that term to one of 2 years and 4 months’ imprisonment.

26.  You have agreed to partly compensate the victim with all the monies that you have had in your possession, and I must give you some credit for that as well.

27.  In those circumstances, I reduce the term of 2 years 4 months to that of 2 years 2 months’ imprisonment, to which you are so sentenced.