HKSAR v.MANLANGIT MARIEJOY DELA CRUZ

DCCC 107/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 107 OF 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one offence of burglary, contrary to sections 11(1)(b) and (4) of the Theft Ordinance, Cap 210. You admitted the Brief Facts and I convicted you.

2.  The facts were as follows.  PW1 is a masseuse at Fun Feet Reflexology Centre, Shop 25, The Peak Galleria, and PW2 is a cashier. On 28 December of last year, around 10 pm, PW2 left $5,408 in the cash drawer. She locked it and then secured the shop and left.

3.  At about 9.45 am the next day, PW1 returned to the shop to find the front door unlocked and all the electricity turned off. At around 10.05 am, PW2 returned to find the cash drawer locked but $4,620 missing.

4.  You are a former receptionist who left in mid‑December without returning the keys, and you were arrested that day at your residence. Under caution, you admitted the burglary and said it was because your daughter was sick.  You said that some of the stolen money was in the toilet and the keys in the drawer.  In fact, $2,110 was then returned, three keys and a remittance receipt for PHP10,000 which is about HK$1,900.  That was dated 29 December of 2012.

5.  In a video-recorded interview, under caution, you reconfirmed your guilt.  You said you had remitted the money to the Philippines as your daughter had a brain tumour.  You said you had spent $500 on meals and taxis.

6.  You are a young lady of hitherto clear record. Mr Chan entered mitigation on your behalf.  He told me that at this point, you preferred the matter to be dealt with, having had two adjournments in which to try to obtain medical information regarding your daughter.  I agreed and proceeded.  He told me that you are 20 years of age, you are Hong Kong-born and a holder of a Hong Kong ID card.  You received primary education in Hong Kong and secondary education in the Philippines.  You returned to Hong Kong in 2011 and worked as a saleslady/cashier earning some $8,500 per month.  You rent a room in Causeway Bay. 

7.  Your parents are 45 years of age approximately and are long‑time separated.  You have an elder sister who I believe is 22. You are a married lady.  Your husband is in the Philippines and is unemployed. Habitually, you send back $2,000 per month for the maintenance of your husband and your 2-year-old daughter.

8.  Mr Chan, referring to the offence itself, emphasised your clear record, that you had been extremely co-operative with the police upon arrest and had pleaded guilty at the first available opportunity; there had been no damage to the premises; a substantial part of the money had been recovered; and the initial amount was not large in any event.  He said that the reason for the offence was that your daughter, aged 2, suffered from brain cancer and needed urgent medical treatment.  However, despite efforts, no medical proof could be provided.  He also said that you had wished to proceed. He told me that you had lost contact now with your husband and your daughter so that you are unaware of the present situation which I accept must be extremely worrying for you.

9.  He provided letters from yourself, your mother and your sister.  I have taken those into account when setting sentence. Finally, he asked for a chance on your behalf.

10.  I turn now to the sentence.  You are young, you are only 20 years of age, of clear record, and I accept that you were extremely co-operative with the police upon arrest, and you have been co-operative with the court to the extent that you have pleaded guilty at the first available opportunity.  About half of the money has been recovered.  There was no ransacking of the premises and no breaking into the premises.

11.  The only matter of aggravation in this case is the fact that this is a breach of trust, the premises being the premises of your former employer.  The usual starting point for burglary of non-domestic premises is 30 months’ imprisonment. 

12.  In this case, despite the lack of medical evidence, you having had two adjournments to provide that, I am prepared to err, if in fact I do, on the side of mercy and assume a motive of medical emergency leading to the commission of this offence.  This is not, in my opinion, an offence that was fuelled by greed, a need to pay off gambling debts or to purchase drugs.  I do accept that you were genuinely trying to assist your daughter.  Having said that, what the court does not know is the present state and I cannot assume that it is dire because I have no information on that point.  Therefore, I am taking a different starting point from the usual one. 

13.  The starting point I take is one of 21 months’ imprisonment reduced to 14 months.  You will go to prison for 14 months.