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DCCC 1419/2024
[2025] HKDC 1423
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1419 OF 2024
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Before:
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Deputy District Judge M Chow in Court (Open to Public)
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Present:
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Mr Sunny SIT, Public Prosecutor for HKSAR/Director of Public Prosecutions
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Mr Frederick FONG, instructed by T C Lau & Co, assigned by the Director of Legal Aid, for the Defendant
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REASONS FOR SENTENCE
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1.
The Defendant pleaded guilty to a charge of burglary.
Summary of facts
2.
The incident took place in a subdivided unit in Shum Shui Po.
3.
At around 6 pm on 18 July 2024, PW1 locked the door of the subdivided unit and returned to the flat at about 9 am the following day when she found the door lock was priced open. An air conditioner went missing.
4.
CCTV captured the followings:-
(a) At around, 9.26 pm, the Defendant walked towards the subdivided flat
(b) At around 10.15 pm, the Defendant was seen holding a strip bag containing the air conditioner, walked downstairs and left the building.
Arrest
5.
The Defendant was arrested on 24 July 2024. He admitted under caution that:-
(a) He had sought massage services from PW1 for 40 to 50 times in the past four to five years.
(b) In around May 2024, he had an argument with PW1 over her massage skills and therefore he held a grudge against her.
(c) He admitted that he used his hands to pull open the door lock of the flat and stole the air conditioner therein.
Criminal record
6.
The Defendant has 10 previous criminal records between 1978 to 2021. Most of them were gambling offences and he was ordered to pay fines as sentences. None of his past convictions are related to the present offence.
Background
7.
The Defendant is now 70 and widowed in 2012. He lost contact with his 2 adult children and lives alone.
8.
He retired in 2017 and receives government old aged living allowance to support his living.
9.
He suffers from colorectal cancer and is now undergoing chemotherapy. As such, this court adjourned the sentence pending for updated medical report and background report.
Sentence
10.
The usual sentence for a domestic burglary is 3 years’ imprisonment. I take 3 years as the starting point, given the fact that the Defendant pleaded guilty to the charge, I reduce the sentence to 2 years after
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/
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discount.
11.
The Court of Appeal has reiterated time and again that unless there are very special circumstances in the case or there are exceptionally strong mitigating factors, the proper sentencing option for this offence is imprisonment:-
(i)
HKSAR v Wong Yiu Kuen
[1]
(ii)
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