A A
DCCC 1054/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1054 OF 2013
C C
----------------------
D D
HKSAR
E v E
Zhai Zhitao
F F
----------------------
G G
Before: HH Judge Tallentire
Date: 30 December 2013 at 3.10 pm
H Present: Mr Wilson Choi, PP of the Department of Justice, for H
HKSAR
I
Mr Alvin Cheng, of Alvin Cheng & Rosaline Choy, I
assigned by the Director of Legal Aid, for the
defendant
J Offence: (1)-(3) Burglary (入屋犯法罪) J
(4) Remaining in Hong Kong without the authority of
the Director of Immigration after having landed
K K
unlawfully in Hong Kong (在香港非法入境後未得入境事務處處長
授權而留在香港)
L L
---------------------
M M
Reasons for Sentence
N --------------------- N
1. Defendant, you have pleaded to three offences of
O O
burglary, each contrary to sections 11(1)(b) and (4) of the
Theft Ordinance, Cap.210, and to a single offence sort of
P P
remaining in Hong Kong, having landed unlawfully, contrary to
Q section 38(1)(b) of the Immigration Ordinance, Cap.115. Q
R 2. You admitted the brief facts and I convicted you. R
S S
3. Briefly, what happened is as follows.
T T
U U
CRT31/30.12.2013/ML 1 DCCC 1054/2013/Sentence
V V
A Burglary at House I-25 (Charge 3) A
B 4. At around 1.40 am on 4 October of this year, the B
helper (PW1), who was asleep in the bedroom in the kitchen of
C C
House No. I-25, Phase I, Valias, 28 Kwu Tung Road, Sheung Shui
was awakened by a dog barking. She saw a male near the kitchen
D D
door, so she called her employer, So Wai-wai Dorothy (PW2),
E informing her that a man had entered the premises. PW2 then E
called the police.
F F
5. At approximately 2.05 am, PC 3143 (PW3) and PC 6990
G G
(PW4) arrived to investigate.
H H
6. PW2 confirmed the loss of an ornament, two bracelets,
I
a watch, a necklace with pendant, three rings, a brooch and a I
necklace, worth in total of about $1,341,000.
J J
7. At about 2.20 am, PW3 and 4 found you hiding in bushes
K outside the premises. You had a bag in your possession. The K
officers revealed their police identity and searched the bag.
L L
Therein, they found watches, ornaments and jewellery. A search
of your body revealed a used pair of labourer’s gloves, a black
M M
hood and two torches in your trousers. You had no ID documents.
N N
8. You told PW3 that you entered Hong Kong on the evening
O of 3 October 2013 from Shenzhen and went to three houses to O
burgle. You stole the bag from one house and put all the other
P P
stolen property into it. Hearing noise from Premises 1, you left
by climbing a wall but hurt your feet jumping down. You crawled
Q Q
to where PW3 found you.
R R
9. Under caution, you admitted the property in the bag
S was stolen from three houses and you wore gloves and a hood. You S
also used a torch. You admitted coming to Hong Kong by walking.
T T
U U
CRT31/30.12.2013/ML 2 DCCC 1054/2013/Sentence
V V
A 10. Arrested and cautioned, you admitted again that the A
property in the bag was stolen.
B B
Burglary at House I-20 (which is Charge 1)
C C
11. On that day the police conducted door-to-door
D D
enquiries in the vicinity. At 3.07 am, Lai Yiu-cheung (Pw5), the
E occupant of House I-20, discovered ransacking and a loss of 10 E
ornaments and a meat cleaver. The total loss was valued at about
F $5,300. PW5 confirmed that he and his family were asleep in the F
premises.
G G
12. Later that day at 11.30 am, a Ko Cheuk-ming (PW6), the
H H
occupant of House I-28, Phase I, discovered a meat cleaver at
I
the top of the boundary wall of his house. PW5’s helper I
identified the meat cleaver as the one taken from the premises
J in the charge. J
K Burglary at House L-17 (Charge 2) K
L L
13. At about 5.45 am, Hui Mei-chun (PW8), the occupant of
L-17, discovered the sliding door of the third premises to be
M M
opened and ransacking had occurred. She confirmed the loss of
N two watches, HK$500 and a bag, with total value of $160,800. Her N
family too was asleep at the time.
O O
14. In fact, all property lost by PW2, PW5 and PW8 were
P P
subsequently retrieved from you.
Q Q
15. In video recorded interviews under caution later that
R day and on the next day, you made full admissions to all R
offences, including illegally sneaking into Hong Kong,
S committing burglaries. However, you did deny having taking a S
meat cleaver from the second premises.
T T
U U
CRT31/30.12.2013/ML 3 DCCC 1054/2013/Sentence
V V
A 16. You are man of hitherto clear record. Mr Cheng, on A
your behalf, prepared and presented very helpfully written
B mitigation. B
C C
17. The gist of what he told me is as follows.
D D
18. You are 25, educated to P3, married with a son of 4.
E Since your remand, your wife has had to find work to care for E
the family. Prior to arrest, you worked as a salesman, earning
F some RMB2,000 per month. However, school fees have increased to F
RMB1,800 per month, so you came to Hong Kong hoping to find
G G
work.
H H
19. You arrived on 3 October last and walked for five
I
hours, then came to a village where you committed these offences I
out of greed.
J J
20. Mr Cheng stressed your plea of guilty and cooperation
K with the police from the outset. He told me that in 2005 you K
injured your right leg seriously in a car crash and on this
L L
occasion when you jumped from the wall you broke both legs.
M M
21. He pointed to various points of mitigation:
N N
(1) no property was lost;
O O
(2) you are not a professional burglar;
P P
(3) you are of clear record;
Q Q
R (4) you acted alone; R
S (5) the victims were neither elderly nor young; S
T T
(6) you offered no violence;
U U
CRT31/30.12.2013/ML 4 DCCC 1054/2013/Sentence
V V
A (7) you used no weapon; and A
B (8) you were cooperative with police. B
C C
22. Realistically and properly, Mr Cheng accepted that it
was an aggravating feature that this took place in the early
D D
hours of the morning and that the value of the goods could not
E be said to be low. E
F 23. He reminded me of the sentencing authorities for both F
types of offence.
G G
24. Finally, he presented a letter which you had written,
H H
expressing your remorse and worry for your family.
I I
25. On your behalf, he asked for leniency and the
J application of the principle of totality. J
K 26. I turn now to the sentence. K
L L
27. You are a young man of clear record. I accept that
these burglaries were opportunistic rather than planned. I also
M M
accept that you were cooperative with the police from the outset
N and have now pleaded guilty to all offences. N
O 28. It is of great importance in mitigation that all goods O
were recovered and nothing was actually lost by the house-
P P
owners.
Q Q
29. Of course, I note the lack of violence.
R R
30. I also note that it is some aggravation that these
S offences were committed in the early hours of the morning and S
that a large amount of money was involved and large value goods,
T T
which, of course, as we know, were recovered.
U U
CRT31/30.12.2013/ML 5 DCCC 1054/2013/Sentence
V V
A 31. I, therefore, intend to impose the standard sentences A
in each case.
B B
32. In respect of Charges 1, 2 and 3, on each charge, I
C C
take as a starting point 3 years’ imprisonment, reduced to 2.
D D
33. To apply the principle of totality, on Charge 2, 6
E months will be consecutive and 18 months concurrent, the 2 years E
on Charge 3 will be wholly concurrent and, on Charge 4, I impose
F the normal tariff of 15 months’ imprisonment, consecutive to the F
previous sentences.
G G
34. That is a total of 45 months’ (3 years 9 months)
H H
imprisonment.
I I
J J
K K
L Tallentire L
District Judge
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT31/30.12.2013/ML 6 DCCC 1054/2013/Sentence
V V
A A
DCCC 1054/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1054 OF 2013
C C
----------------------
D D
HKSAR
E v E
Zhai Zhitao
F F
----------------------
G G
Before: HH Judge Tallentire
Date: 30 December 2013 at 3.10 pm
H Present: Mr Wilson Choi, PP of the Department of Justice, for H
HKSAR
I
Mr Alvin Cheng, of Alvin Cheng & Rosaline Choy, I
assigned by the Director of Legal Aid, for the
defendant
J Offence: (1)-(3) Burglary (入屋犯法罪) J
(4) Remaining in Hong Kong without the authority of
the Director of Immigration after having landed
K K
unlawfully in Hong Kong (在香港非法入境後未得入境事務處處長
授權而留在香港)
L L
---------------------
M M
Reasons for Sentence
N --------------------- N
1. Defendant, you have pleaded to three offences of
O O
burglary, each contrary to sections 11(1)(b) and (4) of the
Theft Ordinance, Cap.210, and to a single offence sort of
P P
remaining in Hong Kong, having landed unlawfully, contrary to
Q section 38(1)(b) of the Immigration Ordinance, Cap.115. Q
R 2. You admitted the brief facts and I convicted you. R
S S
3. Briefly, what happened is as follows.
T T
U U
CRT31/30.12.2013/ML 1 DCCC 1054/2013/Sentence
V V
A Burglary at House I-25 (Charge 3) A
B 4. At around 1.40 am on 4 October of this year, the B
helper (PW1), who was asleep in the bedroom in the kitchen of
C C
House No. I-25, Phase I, Valias, 28 Kwu Tung Road, Sheung Shui
was awakened by a dog barking. She saw a male near the kitchen
D D
door, so she called her employer, So Wai-wai Dorothy (PW2),
E informing her that a man had entered the premises. PW2 then E
called the police.
F F
5. At approximately 2.05 am, PC 3143 (PW3) and PC 6990
G G
(PW4) arrived to investigate.
H H
6. PW2 confirmed the loss of an ornament, two bracelets,
I
a watch, a necklace with pendant, three rings, a brooch and a I
necklace, worth in total of about $1,341,000.
J J
7. At about 2.20 am, PW3 and 4 found you hiding in bushes
K outside the premises. You had a bag in your possession. The K
officers revealed their police identity and searched the bag.
L L
Therein, they found watches, ornaments and jewellery. A search
of your body revealed a used pair of labourer’s gloves, a black
M M
hood and two torches in your trousers. You had no ID documents.
N N
8. You told PW3 that you entered Hong Kong on the evening
O of 3 October 2013 from Shenzhen and went to three houses to O
burgle. You stole the bag from one house and put all the other
P P
stolen property into it. Hearing noise from Premises 1, you left
by climbing a wall but hurt your feet jumping down. You crawled
Q Q
to where PW3 found you.
R R
9. Under caution, you admitted the property in the bag
S was stolen from three houses and you wore gloves and a hood. You S
also used a torch. You admitted coming to Hong Kong by walking.
T T
U U
CRT31/30.12.2013/ML 2 DCCC 1054/2013/Sentence
V V
A 10. Arrested and cautioned, you admitted again that the A
property in the bag was stolen.
B B
Burglary at House I-20 (which is Charge 1)
C C
11. On that day the police conducted door-to-door
D D
enquiries in the vicinity. At 3.07 am, Lai Yiu-cheung (Pw5), the
E occupant of House I-20, discovered ransacking and a loss of 10 E
ornaments and a meat cleaver. The total loss was valued at about
F $5,300. PW5 confirmed that he and his family were asleep in the F
premises.
G G
12. Later that day at 11.30 am, a Ko Cheuk-ming (PW6), the
H H
occupant of House I-28, Phase I, discovered a meat cleaver at
I
the top of the boundary wall of his house. PW5’s helper I
identified the meat cleaver as the one taken from the premises
J in the charge. J
K Burglary at House L-17 (Charge 2) K
L L
13. At about 5.45 am, Hui Mei-chun (PW8), the occupant of
L-17, discovered the sliding door of the third premises to be
M M
opened and ransacking had occurred. She confirmed the loss of
N two watches, HK$500 and a bag, with total value of $160,800. Her N
family too was asleep at the time.
O O
14. In fact, all property lost by PW2, PW5 and PW8 were
P P
subsequently retrieved from you.
Q Q
15. In video recorded interviews under caution later that
R day and on the next day, you made full admissions to all R
offences, including illegally sneaking into Hong Kong,
S committing burglaries. However, you did deny having taking a S
meat cleaver from the second premises.
T T
U U
CRT31/30.12.2013/ML 3 DCCC 1054/2013/Sentence
V V
A 16. You are man of hitherto clear record. Mr Cheng, on A
your behalf, prepared and presented very helpfully written
B mitigation. B
C C
17. The gist of what he told me is as follows.
D D
18. You are 25, educated to P3, married with a son of 4.
E Since your remand, your wife has had to find work to care for E
the family. Prior to arrest, you worked as a salesman, earning
F some RMB2,000 per month. However, school fees have increased to F
RMB1,800 per month, so you came to Hong Kong hoping to find
G G
work.
H H
19. You arrived on 3 October last and walked for five
I
hours, then came to a village where you committed these offences I
out of greed.
J J
20. Mr Cheng stressed your plea of guilty and cooperation
K with the police from the outset. He told me that in 2005 you K
injured your right leg seriously in a car crash and on this
L L
occasion when you jumped from the wall you broke both legs.
M M
21. He pointed to various points of mitigation:
N N
(1) no property was lost;
O O
(2) you are not a professional burglar;
P P
(3) you are of clear record;
Q Q
R (4) you acted alone; R
S (5) the victims were neither elderly nor young; S
T T
(6) you offered no violence;
U U
CRT31/30.12.2013/ML 4 DCCC 1054/2013/Sentence
V V
A (7) you used no weapon; and A
B (8) you were cooperative with police. B
C C
22. Realistically and properly, Mr Cheng accepted that it
was an aggravating feature that this took place in the early
D D
hours of the morning and that the value of the goods could not
E be said to be low. E
F 23. He reminded me of the sentencing authorities for both F
types of offence.
G G
24. Finally, he presented a letter which you had written,
H H
expressing your remorse and worry for your family.
I I
25. On your behalf, he asked for leniency and the
J application of the principle of totality. J
K 26. I turn now to the sentence. K
L L
27. You are a young man of clear record. I accept that
these burglaries were opportunistic rather than planned. I also
M M
accept that you were cooperative with the police from the outset
N and have now pleaded guilty to all offences. N
O 28. It is of great importance in mitigation that all goods O
were recovered and nothing was actually lost by the house-
P P
owners.
Q Q
29. Of course, I note the lack of violence.
R R
30. I also note that it is some aggravation that these
S offences were committed in the early hours of the morning and S
that a large amount of money was involved and large value goods,
T T
which, of course, as we know, were recovered.
U U
CRT31/30.12.2013/ML 5 DCCC 1054/2013/Sentence
V V
A 31. I, therefore, intend to impose the standard sentences A
in each case.
B B
32. In respect of Charges 1, 2 and 3, on each charge, I
C C
take as a starting point 3 years’ imprisonment, reduced to 2.
D D
33. To apply the principle of totality, on Charge 2, 6
E months will be consecutive and 18 months concurrent, the 2 years E
on Charge 3 will be wholly concurrent and, on Charge 4, I impose
F the normal tariff of 15 months’ imprisonment, consecutive to the F
previous sentences.
G G
34. That is a total of 45 months’ (3 years 9 months)
H H
imprisonment.
I I
J J
K K
L Tallentire L
District Judge
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT31/30.12.2013/ML 6 DCCC 1054/2013/Sentence
V V