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DCCC 508/2024
[2025] HKDC 1514
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IN THE DISTRICT COURT OF THE
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HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO 508 OF 2024 E
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HKSAR
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MUTUNGI DORCUS
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Before: Her Honour Judge Kathie Cheung in Court
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Date: 2 September 2025
L Present: Mr. Philip William SWAINSTON, Solicitor on fiat, for L
HKSAR
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Mr. Freddy WOON, instructed by Messrs. Vitus Lawyers,
N assigned by the Director of Legal Aid, for the Defendant N
Offence: Burglary (入屋犯法罪)
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REASONS FOR SENTENCE
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1. The defendant pleaded guilty to one count of burglary1.
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Facts
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2. All the details of the case were set out in the Summary of Facts
E dated 9 May 2024 as admitted by the defendant. I am not going to repeat E
all the facts here.
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3. In gist, Ms Lau lived at the premises as set out in the Charge.
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The window of her bedroom was connected to the rooftop of Block B of H
the building. At all material times, there was no lock on the window of her
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bedroom and it could be opened outwards.
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4. At around 8:00 pm on 21 January 2024, Ms Lau heard noises
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coming out from her bedroom. Then she saw someone entering the rooftop
L of Block B through the window of her bedroom. Upon checking, the items L
particularized in the Charge were found missing. The estimated total value
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of the loss is around $22,000.
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5. CCTV footages of Block B captured the defendant entering
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Ms Lau’s bedroom through the window and subsequently left the bedroom
P with a small bag. P
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6. The defendant was later arrested. In subsequent record of
R interview, the defendant admitted going to Ms Lau’s premises. R
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U contrary to section 11(1)(b) and (4) of the Theft Ordinance, Cap. 210 U
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Mitigation
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7. The defendant is aged 48 and was born in Uganda. She came
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to Hong Kong in 2009 as an asylum seeker and is a From 8 Recognizance
E holder. She has 2 children living in Uganda. She gave birth to a daughter E
in Hong Kong. Prior to her arrest, she was receiving assistance from ISS.
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She has 20 previous criminal conviction records, 13 of which relate to theft.
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8. Although the defendant did not plead guilty at the first
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opportunity, she indicated her intended change of plea to guilty in July
I 2025. This Court was invited to consider granting her a 25% discount on I
the sentence.
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K 9. Further, although the defendant has a number of conviction K
records for theft, this will be her first conviction for burglary. The present
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offence was not committed shortly after her release from prison for her last
M conviction. She committed the present offence as she did not have money M
to pay for the rent after she was released from prison. The defence invited
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this Court not to consider any enhancement of her sentence due to her
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10. The defence accepted that the fact that the defendant is a Form
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8 Recognizance holder might be regarded as an aggravating factor. This
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Court was invited to consider the lowest possible increase. R
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11. It was submitted that there were no other aggravating factors
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in this case2. The offence was not carefully planned or skillfully executed T
2
U HKSAR v Cheng Wai Kai CACC 338/2007 U
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nor involved any heavy instrument. It was committed by the defendant
C alone, not targeting at upmarket premises involving substantial properties. C
Given the defendant’s status, she is unable to compensate the victim for the
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loss.
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12. In view of the above, this Court was asked to impose a lenient
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sentence on the defendant.
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Sentence
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I 13. There is a well settled sentencing guideline for burglary of I
domestic premises. According to the guideline, the starting point for a
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single burglary of domestic premises committed by a first offender of full
K age where there are no aggravating or mitigating features is 36 months’ K
imprisonment.
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M 14. As far as the defendant’s previous conviction records are M
concerned, she has 13 previous convictions for theft, which definitely
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relate to dishonesty. Although this will be her first conviction for burglary,
O as both theft and burglary are dishonesty-related offences, I consider her O
previous convictions for theft is an aggravating factor justifying
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enhancement of the starting point. For this factor, the starting point is
Q enhanced by 3 months to 39 months’ imprisonment. Q
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15. The defendant is a Form 8 Recognizance holder, which is an
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aggravating factor. For this factor, the starting point is enhanced by 3
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months to 42 months’ imprisonment. T
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16. I accept apart from the above, there is no other aggravating
C factors. Given the defendant indicated her change of plea before the first C
day of trial, I will grant her 25% discount on the sentence. Apart from her
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guilty plea, there is no other mitigating factor justifying further reduction
E of sentence. As a result of her plea, the sentence is reduced to 31 months’ E
imprisonment. The defendant is therefore sentenced to 31 months’
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imprisonment.
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( Kathie Cheung )
District Judge
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