HKSAR v. WONG MAN WAI

DCCC 437/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 437 OF 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single 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.  What happened is very simple.  The location was Flat B, 11th Floor, Corona Tower, 93 Caine Road, Central.  At the time, scaffolding was erected around the building.  At about 7.05 pm on 18 March last, PW1 left the flat returning at about 7.58 pm, so he was out a very brief time.  Upon returning, he found 10 ornaments and 3 wooden stands missing from wardrobes in the living room so he called the police.  Police officers, being PW2 and 3, arrived and searched the vicinity.  PW2 saw you climb down the scaffold of the building carrying a black bag.  He intercepted you and searched you.  In the bag he found the gold ornaments, clothes, three screwdrivers and a torch.  He arrested and cautioned you for the offence of burglary.  You immediately made admissions that you committed the burglary out of financial difficulties. 

3.  In a later cautioned statement, you admitted the following:-

a) That you lost money gambling and were unable to repay the finance companies.

b) After work on 18 March, you drove around and found the building with scaffolding.

c) That you climbed up the scaffolding and removed the stolen window with a screwdriver.

d) You took gold ornaments from the wardrobes in the lounge.

And,

e) You left via the same window, refixing the frame as you left.

4.  PW1 identified the ornaments seized from you as his.  All that you had stolen was recovered. 

5.  You admitted to two previous convictions for dishonesty both from 2008.  On your behalf, Mr Ho entered mitigation.  He told me that you are 40 years of age, you have cohabited since 1998 and you reside with your mother of 67 and your cohabitee.  You have an elder brother in the United States and a younger brother who is here in Hong Kong, and here in court today.  Mr Ho said that you were remorseful and he produced letters from you, your cohabitee and your younger brother.  All are in Chinese.  In the letter written to the court, you expressed your remorse and your intention to obtain counselling to assist with your gambling problems.  You have also written a full exercise book which I assume analyses the problems that you face.  Your family members are present in court today to support you and have in fact visited you whilst on remand.  I understand that they found you to be very remorseful and tearful about what you have done.  Mr Ho told me, and this is not in the brief facts, that you fled when the police were trying to catch you and you broke your ankle.  You need further medical treatment.  Mr Ho also pointed out that all goods stolen had been recovered and on your behalf he asked for leniency.

6.  I turn to the sentence.  You are a man of 40 with a light criminal record and despite fleeing at the scene, you were thereafter entirely cooperative with the police although this is somewhat unsurprising as you were found in possession of all the stolen goods, so had little choice.  I understand, on the positive side, that you have recognised your gambling problem and you intend to address it in the future.  Against this, there is a degree of premeditation in that you were cruising around obviously looking for opportunities to steal.  A further positive matter is you do seem to have the support of your family and hopefully this will help you to keep out of trouble in the future. 

7.  The usual starting point for the burglary of domestic premises is one of 3 years’ imprisonment.  There is some mitigation in this case to which I have made reference.  Whilst it is not substantial mitigation, it is worthy of consideration.  I therefore propose to take a slightly less starting point.  The starting point I take is 33 months reduced to 22 months for your plea of guilty.  You will go to prison for 22 months.