HKSAR v. CHAN KA LEUNG

DCCC247/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 247 OF 2010

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HKSAR
v.
Chan Ka-leung

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Before:

H H Judge Longley

Date:

14 April 2010 at 11.47 am

Present:

Ms Clara Ma, PP of the Department of Justice, for HKSAR
Mr Lee Chi-wan, Norman, of Peter K H Wong & Co., for the Defendant

Offence:

(1) Burglary (入屋犯法罪)

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Reasons for Sentence

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1. Chan Ka-leung, you have been convicted on your own plea of the offence of burglary. The burglary was committed on a Sunday afternoonat a warehouse rented by your former employer in Ng Lau Road, Tuen Mun. It was obviously a carefully thought out offence.

2. You and two other men arrived in a private car and entered the warehouse. At the same time you had arranged for two trucks to cometo the premises. You and your accomplices then stole 16 commercial refrigerators worth about a $165,000 in total, which were thentaken away. Fortunately your arrival was recorded by a CCTV camera and the police were able to arrest you at your home on the sameday.

3. You had already sold the refrigerators on to a second-hand goods dealer for the sum of $9,600. He, however, had not sold them on,and they were recovered. Not only was this obviously a carefully planned offence, but it also involved making use of knowledge thatyou had clearly obtained as an employee of your former boss.

4. I bear in mind that this was a burglary at commercial premises rather than domestic premises. I also bear in mind that it took placeduring the daytime. It was on a Sunday when nobody was around. I also take into account that all the fridges were fortunately recovered.That, of course, is no thanks to you.

5. You cannot claim in mitigation that this is your first offence. In particular, you have already been convicted of an offence ofdishonesty in 2003, for which you served a term of imprisonment. In my view, the appropriate starting point in this case is a sentenceof 30 months’ imprisonment. The only real mitigation in your case is your plea of guilty, for which you are entitled to the usualdiscount of one-third.

6. I accordingly sentence you to 20 months’ imprisonment.

Longley
District Judge