DCCC 599/2023

[2024] HKDC 1354

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 599 OF 2023

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REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Handling stolen goods" (Charge 1). I granted the prosecution's application to leave Charge 2 in the court file; not to be proceeded against him without leave of court.

Summary of Facts

Theft from vehicle

2. About 1:30 a.m. on 27 January 2023, Mr. Ngai (PW1) parked his private car GZ1013 ("the Car") at a metered parking space (No.4838B) at Woosung Street, Jordan. He had 2 passengers, Madam Fung (PW2) and Madam Yuen (PW3), with him.

3. PW2 returned to the Car around 3:10 a.m. on the same day to get her wallet. She discovered that the right rear window of the Car having been broken and the personal belongings of PWs 1 to 3, which were placed at the rear passenger seat, missing. The stolen properties included 2 bags of lai see packets (valued at $7,000 in total); an Hermes handbag (valued at $25,000); a Dior wallet (valued at $5,000); 2 sets of Apple AirPods Pro (valued at $4,000 in total); a Loewe handbag (valued at $25,000); a black Chanel wallet (valued at $4,500); a black Chanel cardholder (valued at $3,500); a Lenovo laptop computer (valued at $10,000); and other miscellaneous items such as ID cards, credit cards, ATM cards, and keys.

4. PWs 1 to 3 reported the matter at Tsim Sha Tsui Police Station around 5:00 in the same morning. The GPS function of the 2 sets of AirPods Pro showed that they were taken to somewhere around Nathan Road and Hamilton Street.

Arrest and admissions

5. DPC 26454 (PW4) and his colleagues conducted a sweeping in the Yau Ma Tei area together with PWs 1 to 3.

6. In a McDonald's restaurant situated at Full Win Commercial Centre, No.573 Nathan Road, PW4 saw the defendant sitting on a chair with a few white plastic bags placed on the table next to him. He fled via the restaurant's rear door carrying with him those white plastic bags. In his pursuit of the defendant, PW4 saw him dropping a black bag (later identified as PW2's black Hermes handbag) and a dark coloured denim jacket along the way. A key chain with keys was later found together with those 2 items.

7. PW4 eventually intercepted the defendant at No.65A Portland Street. DPC 53485 arrested him for "Criminal damage", "Theft from vehicle" and "Obtaining property by deception". Upon apprehension, the defendant was holding 2 white plastic bags which contained properties belonging to PWs 2 and 3 including PW3's staff card; a brown Loewe handbag containing a set of Apple AirPods Pro and a black Chanel cardholder with some name cards (all belonged to PW3); and some other properties of unidentified owners. The items dropped by the defendant during the pursuit were recovered, which included PW2's black Hermes handbag cont