HKSAR v. CHUNG HO MAN

DCCC684/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 684 OF 2010

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HKSAR
v.
Chung Ho-man

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Before:

H H Judge Geiser

Date:

18 November 2010 at 9.52 am

Present:

Mr Bobby Cheung, PP of the Department of Justice, for HKSAR
Mr Lawrence Hui, instructed by Messrs Chan, Wong & Lam, assigned by the Director of Legal Aid, for the Defendant

Offence:

Theft (盜竊罪)

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Reasons for Sentence

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1. Defendant, you have pleaded guilty to the amended charge of Theft, contrary to section 9 of the Theft Ordinance, Chapter 210, Laws of Hong Kong, the particulars being that you on 15 November 2009 at the Sweet Heart Hotel, No.54-70 Lee GardenRoad, Wan Chai, stole cash of $25,600 Hong Kong currency.

2. The brief facts which you have agreed speak for themselves and show that you took the opportunity, whilst the receptionist of thepremises was asleep, to enter the hotel at about 6 o’clock in the morning and steal the cash which was contained in a cabinet inthe reception area. This was captured on CCTV. Some six weeks later, you surrendered yourself to Wan Chai Police Station and admittedthe offence in a video recorded interview.

3. You are 28 years of age now, divorced and have a 7-year-old daughter who is in the custody of your ex-wife. You have a poor criminalrecord which includes four previous convictions for theft and one for attempted theft.

4. The present offence, however, was committed before your last offence for which you were placed on probation in September of thisyear. It was for that reason that I decided to obtain a probation report on you before sentencing you. That report is now beforeme. However, the probation officer takes the view that a further period of probation is not recommended.

5. This is a serious offence. You took advantage of the fact that the receptionist was asleep at that time and stole a substantialamount of money all of which you have now spent.

6. I take into account all that has been said on your behalf by way of mitigation. I have read the letters of support that have beenproduced before me this morning. The most important mitigation that has been put before me on your behalf is your plea of guiltyand I will take that into account in sentencing you.

7. I take as my starting point a sentence of 15 months’ imprisonment. I will discount that by one-third to reflect your plea ofguilty which is, as I say, the only mitigation in your case, coming to 10 months’ imprisonment.

H H Judge Geiser
District Judge