A A
DCCC845/2011
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO. 845 OF 2011 C
D
---------------------- D
HKSAR
E E
v.
F Wei Jiajiang F
G ----------------------- G
Before: Deputy District Judge A. Kwok
H Date: 13 October 2011 at 10.23 am H
Present: Mr Alvin Chui, PP of the Department of Justice, for
HKSAR
I Ms Cheong Pui-fan, of Messrs S K Wong & Lee, assigned I
by the Director of Legal Aid, for the Defendant
J Offence: (1) Burglary (入屋犯法罪) J
(2) Resisting police officers in the execution of
their duties (抗拒執行職責的警務人員)
K K
L --------------------- L
Reasons for Sentence
M M
---------------------
N N
1. Defendant, you face two charges this morning: the 1st
O charge being burglary, contrary to section 11(1)(b) and (4) of O
the Theft Ordinance, Cap. 210 and the 2nd charge being
P ‘Resisting police officers in the execution of their duties’, P
contrary to section 63 of the Police Force Ordinance, Cap. 232.
Q Q
2. According to the Summary of Facts which you have
R R
admitted, on 10 June this year, which is one day after you have
S entered Hong Kong from the mainland, you entered the victim’s S
home, which is situated at Flat 1A, 1st Floor, Kwun Fung
T Mansion, No. 51 Tai Hong Street, Sai Wan Ho, and stole therein T
one iPhone 4, two necklaces with pendants, one ring and cash of
U U
HK$1,500. The total value of these stolen properties amounts to
CRT11/13.10.2011/NB 1 DCCC845/2011/Sentence
V V
A A
a total of $121,500. All these stolen properties were placed on
the table of the victim’s bedroom.
B B
C 3. In fact shortly before you were arrested by police in C
the flat you were seen by a neighbour of the victim of the same
D building that you were half-squatting at the flowerbed of the D
1st floor podium and was kept looking upward. The police was
E E
alerted as a result.
F F
4. When you were found inside the flat, you were first
G hiding in the wardrobe of the study room inside the flat. You G
then jumped out of the wardrobe and, in so doing, dropping a
H pair of white gloves onto the floor. You attempted to flee after H
one of the police officers declared arrest on you, and you had
I I
put up a struggle violently. That was the basis of the Charge 2.
You were later subsequently subdued and arrested by the police.
J J
K
5. In light of your plea of the 1st charge, the K
prosecution now contends that Charge 2 can be left in the
L court’s file and not to be proceeded without the leave of the L
court.
M M
6. Under caution at the scene, you first said nothing, but
N N
in a subsequent video record of interview, you admitted the
offence. In particular, you said you took a screwdriver next to
O O
the flowerpot to prise open the window and climb inside the flat
P to commit the crime. P
Q 7. You are a two-way permit holder entering Hong Kong from Q
Shenzhen, according to your lawyer. You are now aged 25 and you
R R
have a clear record in Hong Kong. You are still single and both
of your parents, now in their 50s, are residing in Shenzhen.
S S
T 8. Your lawyer has submitted to me a letter which is T
written by yourself. In it you told me that the reason why you
U committed the present offence is because you have lost money in U
CRT11/13.10.2011/NB 2 DCCC845/2011/Sentence
V V
A A
gambling table by playing mah-jong. You felt very remorseful for
what you have done. You asked for a chance and hoped the court
B B
can exercise mercy and be lenient to you.
C C
9. Upon clarification, I was told that the reason why you
D visited Hong Kong is to see the place. You have with you some D
$8,000. I further ask how much money you have lost through
E E
gambling and the answer was $2,000-odd. It causes me to doubt
the real reason why you have to commit a crime like this,
F F
because you have still sufficient means to carry on with your
G visit in Hong Kong or even to go back to the mainland without G
any financial difficulty. I therefore do not accept what you
H have said as the real reason why you have committed this H
offence.
I I
10. You are the mainlander who visited Hong Kong and you
J J
committed this offence the very next day you were here. I judge
K
that you came to Hong Kong all the way for the purpose of K
committing crimes in Hong Kong to earn quick money.
L L
11. You also told me through the letter that during the
M incarceration, you learned that your mother had a heart attack M
and was admitted to the hospital and also your father was
N N
suffering from all sorts of different illness and that they were
not working and therefore you have financial burdens. I can only
O O
say that the Court of Appeal in Hong Kong had said so many times
P before that family circumstances virtually play no part in P
serious crimes such as the present.
Q Q
12. The proper starting point for burglary of domestic
R R
premises was established as one of 3 year’s imprisonment after
trial. In this case I do not accept what you told the police
S S
that you just picked up the screwdriver in a flowerbed. Clearly
T you have equipped yourself with a pair of white gloves, which is T
obviously to avoid leaving any fingerprints behind at the crime
U U
CRT11/13.10.2011/NB 3 DCCC845/2011/Sentence
V V
A A
scene, and in so doing you must have bought with you the tools
for breaking into the premises including the screwdriver.
B B
C 13. In sentencing, I took into account the degree of the C
planning involved, the equipment used, the damage caused to gain
D entry and the value of the property stolen which is over a D
$100,000. Taking all these factors together put the present case
E E
into a higher category described as “cases of professional
criminals who plan their burglaries with meticulous care and
F F
steal goods and cash of considerable value”.
G G
14. As a result, I decided to increase the starting point
H by 9 months from 3 years to 45 months. You pleaded guilty, which H
is the only effective mitigation in this case. Therefore I
I I
reduce the sentence by one-third. In the end you will be
sentenced to 30 months' imprisonment, which is 2½ years.
J J
K K
L L
M (A. Kwok) M
Deputy District Judge
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT11/13.10.2011/NB 4 DCCC845/2011/Sentence
V V
A A
DCCC845/2011
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO. 845 OF 2011 C
D
---------------------- D
HKSAR
E E
v.
F Wei Jiajiang F
G ----------------------- G
Before: Deputy District Judge A. Kwok
H Date: 13 October 2011 at 10.23 am H
Present: Mr Alvin Chui, PP of the Department of Justice, for
HKSAR
I Ms Cheong Pui-fan, of Messrs S K Wong & Lee, assigned I
by the Director of Legal Aid, for the Defendant
J Offence: (1) Burglary (入屋犯法罪) J
(2) Resisting police officers in the execution of
their duties (抗拒執行職責的警務人員)
K K
L --------------------- L
Reasons for Sentence
M M
---------------------
N N
1. Defendant, you face two charges this morning: the 1st
O charge being burglary, contrary to section 11(1)(b) and (4) of O
the Theft Ordinance, Cap. 210 and the 2nd charge being
P ‘Resisting police officers in the execution of their duties’, P
contrary to section 63 of the Police Force Ordinance, Cap. 232.
Q Q
2. According to the Summary of Facts which you have
R R
admitted, on 10 June this year, which is one day after you have
S entered Hong Kong from the mainland, you entered the victim’s S
home, which is situated at Flat 1A, 1st Floor, Kwun Fung
T Mansion, No. 51 Tai Hong Street, Sai Wan Ho, and stole therein T
one iPhone 4, two necklaces with pendants, one ring and cash of
U U
HK$1,500. The total value of these stolen properties amounts to
CRT11/13.10.2011/NB 1 DCCC845/2011/Sentence
V V
A A
a total of $121,500. All these stolen properties were placed on
the table of the victim’s bedroom.
B B
C 3. In fact shortly before you were arrested by police in C
the flat you were seen by a neighbour of the victim of the same
D building that you were half-squatting at the flowerbed of the D
1st floor podium and was kept looking upward. The police was
E E
alerted as a result.
F F
4. When you were found inside the flat, you were first
G hiding in the wardrobe of the study room inside the flat. You G
then jumped out of the wardrobe and, in so doing, dropping a
H pair of white gloves onto the floor. You attempted to flee after H
one of the police officers declared arrest on you, and you had
I I
put up a struggle violently. That was the basis of the Charge 2.
You were later subsequently subdued and arrested by the police.
J J
K
5. In light of your plea of the 1st charge, the K
prosecution now contends that Charge 2 can be left in the
L court’s file and not to be proceeded without the leave of the L
court.
M M
6. Under caution at the scene, you first said nothing, but
N N
in a subsequent video record of interview, you admitted the
offence. In particular, you said you took a screwdriver next to
O O
the flowerpot to prise open the window and climb inside the flat
P to commit the crime. P
Q 7. You are a two-way permit holder entering Hong Kong from Q
Shenzhen, according to your lawyer. You are now aged 25 and you
R R
have a clear record in Hong Kong. You are still single and both
of your parents, now in their 50s, are residing in Shenzhen.
S S
T 8. Your lawyer has submitted to me a letter which is T
written by yourself. In it you told me that the reason why you
U committed the present offence is because you have lost money in U
CRT11/13.10.2011/NB 2 DCCC845/2011/Sentence
V V
A A
gambling table by playing mah-jong. You felt very remorseful for
what you have done. You asked for a chance and hoped the court
B B
can exercise mercy and be lenient to you.
C C
9. Upon clarification, I was told that the reason why you
D visited Hong Kong is to see the place. You have with you some D
$8,000. I further ask how much money you have lost through
E E
gambling and the answer was $2,000-odd. It causes me to doubt
the real reason why you have to commit a crime like this,
F F
because you have still sufficient means to carry on with your
G visit in Hong Kong or even to go back to the mainland without G
any financial difficulty. I therefore do not accept what you
H have said as the real reason why you have committed this H
offence.
I I
10. You are the mainlander who visited Hong Kong and you
J J
committed this offence the very next day you were here. I judge
K
that you came to Hong Kong all the way for the purpose of K
committing crimes in Hong Kong to earn quick money.
L L
11. You also told me through the letter that during the
M incarceration, you learned that your mother had a heart attack M
and was admitted to the hospital and also your father was
N N
suffering from all sorts of different illness and that they were
not working and therefore you have financial burdens. I can only
O O
say that the Court of Appeal in Hong Kong had said so many times
P before that family circumstances virtually play no part in P
serious crimes such as the present.
Q Q
12. The proper starting point for burglary of domestic
R R
premises was established as one of 3 year’s imprisonment after
trial. In this case I do not accept what you told the police
S S
that you just picked up the screwdriver in a flowerbed. Clearly
T you have equipped yourself with a pair of white gloves, which is T
obviously to avoid leaving any fingerprints behind at the crime
U U
CRT11/13.10.2011/NB 3 DCCC845/2011/Sentence
V V
A A
scene, and in so doing you must have bought with you the tools
for breaking into the premises including the screwdriver.
B B
C 13. In sentencing, I took into account the degree of the C
planning involved, the equipment used, the damage caused to gain
D entry and the value of the property stolen which is over a D
$100,000. Taking all these factors together put the present case
E E
into a higher category described as “cases of professional
criminals who plan their burglaries with meticulous care and
F F
steal goods and cash of considerable value”.
G G
14. As a result, I decided to increase the starting point
H by 9 months from 3 years to 45 months. You pleaded guilty, which H
is the only effective mitigation in this case. Therefore I
I I
reduce the sentence by one-third. In the end you will be
sentenced to 30 months' imprisonment, which is 2½ years.
J J
K K
L L
M (A. Kwok) M
Deputy District Judge
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT11/13.10.2011/NB 4 DCCC845/2011/Sentence
V V