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DCCC 1016/2013
B B
IN THE DISTRICT COURT OF THE
C HONG KONG SPECIAL ADMINISTRATIVE REGION C
CRIMINAL CASE NO. 1016 OF 2013
D ____________ D
HKSAR
E v E
CHAN KAI SUM (D1)
F F
LUI MAN KIT (D2)
G CHAN HONG YU (D3) G
____________
H H
Before: HH Judge Dufton
I Date: 15 January 2014 I
Present: Ms Bina Sujanani, counsel on fiat, for HKSAR
J Mr Kenny Chan instructed by Tam & Partners, J
assigned by the Director of Legal Aid for D1
K Mr Oliver Davies instructed by Wong & Co, for D2 K
Mr David Chu instructed by Benson Li & Co,
L
assigned by the Director of Legal Aid for D3. L
Offences: (1) Burglary (入屋犯法罪)
M (2) Resisting a police officer in the execution of his duty M
(抗拒執行職責的警務人員)
N N
REASONS FOR SENTENCE
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1. The defendants plead guilty to one charge of burglary of domestic
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premises, contrary to section 11 of the Theft Ordinance, Chapter 210. D2
Q has also pleaded guilty to a charge of resisting a police officer in the Q
execution of his duty, contrary to section 63 of the Police Force Ordinance,
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Chapter 232.
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T T
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2. In the afternoon of the 9 July last year the three defendants burgled the
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home of Madam Chan Mei Fong. Full particulars of the burglary are set
C out in the summary of facts admitted by the defendants. C
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3. In summary Madam Chan returned home in the evening of the 9 July
E to find the iron grille and main door had been prized open and her flat E
ransacked. Various items had been stolen including jewellery, watches,
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handbags, bank cards and cheque books. I am told the value of the items
G stolen was about $14,000. G
H 4. That afternoon the police had been carrying out an anti-burglary H
operation during which they saw the three defendants between 2:07 and
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2:10 enter the building where Madam Chan lived. CCTV cameras also
J captured the three defendants entering and leaving the lift of the building at J
various floors.
K K
L 5. About 50 minutes later the three defendants left the building within L
five minutes of each other. The police intercepted the defendants. D1 was
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carrying a bag in which all the property stolen in the burglary was
N recovered together with four gloves. N
O O
6. When the police revealed their identity to D2 and PC 8136 declared
P arrest D2 used his right hand to push the police officer away. The police P
warned D2 not to resist but he continued to struggle. Eventually the police
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were able to subdue D2.
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7. The police found two crowbars in a grey bag carried by D2 and
S screwdrivers and gloves in his waist bag. Forensic evidence showed that S
fragments of the blue paint coating the crowbars were found on the door
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jamb of the iron grille and door handle of the main door of Madam Chan’s
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home. Further fragments of the same blue paint were also found on the
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gloves recovered from D1and D2 and the clothing of D2 and D3.
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8. In passing sentence I have carefully considered everything said on
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behalf of the defendants by Mr Chan, Mr Davies and Mr Chu together with
E the letter written by D1. E
F 9. The correct starting point for a single burglary of domestic premises F
committed by a first offender of full age where there are no aggravating or
G G
mitigating features is 3 years imprisonment (see Attorney General v Lui
H Kam Chi [1993] 1 HKC 215). H
I I
10. In my view there are aggravating features justifying an increase in the
J starting point. These are the commission of the offence by two or more J
persons and the offender has previous convictions (see HKSAR v Cheng
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Wai Kai CACC 338/2007).
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11. None of the defendants can be said to be first offenders. Although
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they have no previous convictions for burglary they all have convictions for
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offences of dishonesty. Whilst D3 has only two previous convictions for N
offences of dishonesty it is to be noted that he was released from prison for
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offences of violence less than two months prior to the commission of the
P burglary. In my view the defendants are all persistent offenders. P
Q 12. Taking into account these two aggravating features I am satisfied that Q
the starting point of 3 years should be increased by 6 months to 3 years and
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6 months imprisonment. Giving the defendants full credit for their pleas of
S guilty reduces the sentence to 2 years and 4 months imprisonment. S
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Compensation
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C
13. On Monday the prosecution applied for a compensation order to be C
made in the sum of $5,700 being the amount paid by Madam Chan for the
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repair of the iron grille and main door. I was told that each of the
E defendants with the help of family and friends were willing to pay this sum E
equally between them. Before passing sentence today I am told payment
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has been made by all three defendants.
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14. All counsel previously submitted that further discount should be given
H by reason of this payment so as to encourage others to make restitution to H
victims of crime. In the circumstances I reduce the sentence to 2 years and
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3 months and 15 days imprisonment. The defendants are convicted and
J sentenced to 2 years and 3 months and 15 days imprisonment. J
K K
Resisting a police officer in the execution of his duty
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15. I accept the submission of Mr Davies that the resisting consisting of a
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push and a struggle in which only D2 appears to have been injured is
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relatively minor. Nevertheless those who resist police officers in an N
attempt to evade arrest can expect to receive a short prison sentence. In the
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circumstances I am satisfied the proper starting point after trial is 3 weeks
P imprisonment. Giving D2 full credit for his plea of guilty he is convicted P
and sentenced to 14 days imprisonment. This offence is separate and
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distinct from the burglary for which a consecutive sentence is appropriate.
R D2 will therefore serve a total sentence of 2 years and 3 months and 29 R
days imprisonment.
S S
T (D. J. DUFTON) T
District Judge
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