由此
A A
B DCCC 847/2019 B
[2020] HKDC 300
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO. 847 OF 2019 E
F ____________ F
G HKSAR G
v
H H
CHU Kong-fai
I ____________ I
J J
Before : H.H. Judge G. Lam
K Date : 6 May 2020 K
Present : Mr. Terry Wong, counsel on fiat, for HKSAR.
L Mr. Alan So instructed by M/s Cheung & Liu, L
assigned by the Director of Legal Aid, for the
defendant
M M
Offences : (1) Conspiracy to burgle（串謀入屋犯法）
(2) Possession of offensive weapons（管有攻擊
N N
性武器）
(3) Driving an unlicensed vehicle（駕駛未領牌
O O
車輛）
(4) Using a motor vehicle without third party
P P
insurance（沒有第三者保險而使用汽車）
(5) Forgery of documents（偽造文件）
Q Q
(6) Failure to produce proof of identity on
demand（未能在規定下出示身分證明文
R R
件）
S S
REASONS FOR SENTENCE
T T
U U
V V
由此
- 2 -
A A
The defendant faces 1 charge of "Conspiracy to burgle"
B B
(Charge 1); 1 charge of "Possession of offensive weapons" (Charge 2); 1
C C
charge of "Driving an unlicensed vehicle" (Charge 3); 1 charge of "Using a
D D
motor vehicle without third party insurance" (Charge 4); 1 charge of
E E
"Forgery of documents1" (Charge 5) and 1 charge of "Failure to produce
F F
proof of identity on demand2" (Charge 6). He pleaded guilty to Charges 1, 4,
G 5 and 6. I granted the prosecution's application to leave Charges 2 and 3 in G
H the court file; not to be proceeded against him without leave of court. H
I I
J
Summary of Facts J
K K
2. Harvest Jewellery Co. was situated at Ground Floor, Block N,
L Wing Wah Mansion, No.425N Queen's Road West ("the Shop"). Its owner, L
M Mr. Mak (PW1), left the Shop around 8:00 p.m. on 19 April 2019. He M
N locked the roller shutter with 2 metal strips. N
O O
3. PW1 returned to the Shop around 10:00 a.m. on 20 April 2019.
P P
He found one of the metal strips used for locking the roller shutter broken.
Q Q
He checked the Shop and found no signs of ransacking or any loss of
R R
properties.
S S
T 1
Contrary to section 111(1)(a) of the Road Traffic Ordinance (Cap.374). T
2
Contrary to section 17C(3) of the Immigration Ordinance (Cap.115).
U U
V V
由此
- 3 -
A A
4. About 10:30 a.m. on the same day, a security guard (Ms. Cheuk)
B B
who worked in the vicinity of the Shop found a pair of green and yellow
C C
gloves and a blue face mask at the rear alley near Nos.7 to 9, Hill Road. She
D D
picked up the gloves and face mask around 2:30 p.m. on the same day and
E E
handed them to the Police.
F F
G CCTV Footage G
H H
5. CCTV footage revealed that around 2:52 a.m. on 20 April 2019,
I I
a silver private car ("the Car") stopped at a few shops away from the Shop.
J J
About 2 minutes later, 2 males in dark coloured clothing alighted from the
K K
Car and moved towards the Shop. They looked around the roller shutter of
L the Shop and returned to the Car after 3 minutes. L
M M
N 6. The 2 males showed up again at 2:58 a.m. and wandered N
around outside the Shop. One male took out something from his bag, knelt
O O
down and used it to temper with one of the 2 metal strips used for locking
P P
the roller shutter. Both of them wandered around outside the Shop again for
Q Q
a few minutes. The male who was carrying a bag once more tempered with
R R
the metal strips for about 2 minutes. Both males then fled towards Whitty
S S
Street when a few uniformed police officers showed up in the vicinity.
T T
U U
V V
由此
- 4 -
A A
7. The Car was driven away around 3:04 a.m. and headed towards
B B
Hill Road. About the same time, CCTV footage in the vicinity of Hill Road
C C
captured 2 males with similar appearance of those 2 who were wandering
D D
around outside the Shop trying to remove their clothes.
E E
F F
Arrest
G G
8. About 3:35 a.m. on 20 April 2019, at a police road block set up
H H
at Prince Edward Road East, a silver private car ("the Silver Nissan") with a
I I
licence plate MH7793 mounted on the front driven by the defendant was
J J
stopped. Its chassis number is V35-152999. The Silver Nissan and the Car
K K
were of the same colour, make and model.
L L
M 9. PC 12418 searched the Silver Nissan in the presence of the M
N defendant. A black New Balance backpack ("Backpack 1") which contained N
1 crowbar, 2 screwdrivers, 1 black cap, 2 pairs of green and yellow gloves
O O
and 1 nylon bag was found on the rear passenger seat. A black Adidas
P P
backpack ("Backpack 2") which contained 1 screwdriver, 1 pair of green
Q Q
and yellow gloves and 1 black cap was also found on the rear passenger seat.
R R
A set of black hydraulic cutting pliers was found inside a box on the floor of
S S
the right rear passenger seat.
T T
U U
V V
由此
- 5 -
A A
10. At the same time, PC 13957 discovered that the paper vehicle
B B
licence of the Silver Nissan shows plate number SJ3404. He further
C C
discovered that a licence plate VN7862 was mounted at the rear of the
D D
vehicle with another licence plate HM7793 inserted on top of it.
E E
F F
11. Upon request by PC 12418, the defendant failed to produce his
G HKID card. G
H H
I 12. PC 12418 arrested the defendant for the offences in Charges 4 I
J
to 6. Under caution, he said "The car does not belong to me; I only helped J
my friend driving it."
K K
L L
Ownership of the Silver Nissan
M M
N 13. Police investigation revealed that a Mr. Poon purchased the N
Silver Nissan registered with plate number SJ3404 in May 2017 from a Mr.
O O
W.C. Chan who worked at a garage in To Kwa Wan.
P P
Q Q
14. In July 2018, Mr. Poon left the Silver Nissan at Mr. W.C.
R R
Chan's garage for sale. Mr. Poon, however, retained the plate number
S S
SJ3404 for another car owned by him. According to the records of the
T T
Transport Department, the Silver Nissan should bear plate number VN7862
U U
V V
由此
- 6 -
A A
upon it being sold to Mr. W.C. Chan. In any event, Mr. Poon did not remove
B B
the paper vehicle licence which reads SJ3404. Therefore, it was left on the
C C
windscreen after the sale.
D D
E E
15. In February 2019, Mr. W.C. Chan sold the Silver Nissan to a
F F
Mr. Wong (also known as "Ah Kuen"). Ah Kuen later sold the Silver Nissan
G to his friend "Tai B" (i.e. the defendant). In early April 2019, the defendant G
H paid Ah Kuen by cash and drove the vehicle away. H
I I
J
16. Records of the Transport Department show that at the time of J
the offences, the Silver Nissan was still registered under Mr. Poon's name
K K
with plate number VN7862.
L L
M M
17. According to the insurance company, on 5 July 2018, Mr. Poon
N N
transferred the insurance policy of the Silver Nissan to another car he owned.
O O
In other words, the Silver Nissan was not covered by a valid third party
P insurance policy at the time of the offences. P
Q Q
R 18. According to the records of the Transport Department, at the R
S
time of the offences, the plate number MH7793 (which was displayed at the S
front of the Silver Nissan) belonged to a black light goods vehicle owned by
T T
U U
V V
由此
- 7 -
A A
a Mr. K.K. Chan. He does not know anyone involved in the dealings of the
B B
Silver Nissan. The plate number HM7793 (which was displayed at the rear
C C
of the Silver Nissan) was not assigned to any motor vehicle.
D D
E E
Admissions
F F
19. In his 1st video recorded interview, the defendant claimed that
G G
he was asked by an acquaintance named "Ah Keung" to drive the Silver
H H
Nissan, which belonged to Ah Keung's friend. The defendant came to know
I I
Ah Keung through someone named "Ah B". In the early hours on 20 April
J J
2019, Ah B asked the defendant to drive someone to Hong Kong from Mei
K K
Tung Estate for a reward of $1,500. He picked up Ah Keung and 3 unknown
L males and drove them to a place near Western Police Station. Ah Keung and L
M one male (Male C) alighted from the vehicle and the defendant was M
N instructed to drive the remaining 2 males (Males A and B) back to Mei Tung N
Estate. After dropping off Males A and B, the defendant was supposed to
O O
leave the Silver Nissan at Kwun Tong Pier, but was stopped at a police road
P P
block at Prince Edward Road. Backpacks 1 and 2 (plus their contents) as
Q Q
well as the hydraulic cutting pliers were brought on board by the unknown
R R
males. The defendant admitted that he thought the people who boarded the
S S
Silver Nissan were going to commit burglary.
T T
U U
V V
由此
- 8 -
A A
20. In his 2nd video recorded interview, the defendant admitted that
B B
around 11:00 p.m. on 19 April 2019, Ah B and Ah Keung asked him to drive
C C
to the Shop for a reward of $1,500. Ah B told the defendant to drive Ah
D D
Keung and 3 other males to a location as directed by Ah Keung. Ah Keung
E E
and the 3 other males were to burgle a place, whilst the defendant was to act
F F
as a lookout. He was supposed to drive them back to Mei Tung Estate
G afterwards. The defendant stopped the Silver Nissan a few shops away from G
H the Shop. Ah Keung and one unknown male went to the Shop, whilst the H
I other 2 males remained in the vehicle. Since there were some police officers I
J
nearby, Ah Keung asked the defendant to drive the other 2 males back to J
Mei Tung Estate.
K K
L L
21. The defendant now admits that he committed the offences as
M M
particularized in Charges 1, 4, 5 and 6.
N N
O O
Mitigation
P P
22. The defendant is 41 and has 10 conviction records, which
Q Q
included 2 "Burglary" offences and 8 drug-related offences. For traffic
R R
records, he obtained his driving licence in 1998 and has 1 conviction of
S S
"Careless driving" and 2 fixed penalty tickets. Defence counsel Mr. So
T T
informed me that the defendant is divorced with an adult daughter. Prior to
U U
V V
由此
- 9 -
A A
the present case, he was a supervisor and driver of a decoration company
B B
earning about $25,000 per month. In mitigation, Mr. So submitted that the
C C
defendant committed the present offences due to financial needs; he had to
D D
care for his aged parents. Furthermore, no one was able to break into the
E E
Shop and nothing was stolen.
F F
G Sentence G
H H
Charge 1
I I
J
23. The normal starting point for non-domestic burglary is 2.5 J
years' imprisonment.
K K
L L
24. The defendant is no stranger to the "Burglary" offence. His
M M
first 2 conviction records in 1994 and 1995 were "Burglary". He then
N N
switched to drug-related offences since the millennium.
O O
P 25. Although the substantive act of "Burglary" was incomplete in P
Q the present case, there is a clear aggravating factor that the defendant acted Q
R in concert with 4 other persons. Evidence seems to suggest that defendant's R
S
role was driver and lookout. Tools fit for breaking in were also found. S
Some degree of advance planning must have been involved. Furthermore, a
T T
U U
V V
由此
- 10 -
A A
jewellery shop was the targeted premises. If successfully burgled, the
B B
monetary loss is likely to be substantial.
C C
D D
26. Based on the above factors, I adopt a starting point of 33
E E
months' imprisonment for this charge. With the timely guilty plea, the
F F
sentence is reduced to 22 months.
G G
H Charge 4 H
I I
27. By driving the Silver Nissan, the defendant has deprived his
J J
passengers and all other road users of adequate financial protection. I adopt
K K
3 months' imprisonment as the starting point. With the timely guilty plea,
L the sentence is reduced to 2 months. L
M M
N Charge 5 N
O O
28. The maximum penalty of this offence is a fine of $10,000 and
P imprisonment for 3 years. Plainly, the defendant's intention was to disguise P
Q the true identity of the Silver Nissan, when it was being used in the course of Q
R committing a "Burglary" offence. I adopt of a starting point of 6 months' R
S
imprisonment for this charge. With the timely guilty plea, the sentence for S
is reduced to 4 months.
T T
U U
V V
由此
- 11 -
A A
Charge 6
B B
C 29. The maximum penalty of this offence is a fine at Level 2 (i.e. C
D $5,000 3 ). In my view, it is unnecessary to lay this charge against the D
E
defendant. I will impose a nominal fine of $200, to be paid forthwith. E
F F
Overall Sentence
G G
30. I accept Mr. So's submission that Charges 1, 4 and 5 arose from
H H
the same incident. I consider a global starting point of 36 months'
I I
imprisonment appropriate for these 3 charges. With the timely guilty pleas,
J J
the overall sentence is reduced to 24 months. To achieve this, I order the
K K
sentences to run in the following manner :-
L L
(i) Charges 1 and 4 concurrent; and
M M
N
(ii) 2 months in Charge 5 consecutive to Charges 1 and 4. N
O Thus, arriving at a total prison term of 24 months for all 3 charges. O
P P
Q 31. For Charge 4, the disqualification period shall be not less than Q
12 months or more than 3 years 4 . Mr. So indicated that he had no
R R
submissions regarding the disqualification order.
S S
T 3
See section 113B and Schedule 8 of Cap.221. T
4
See section 4(2)(a) of Cap.272.
U U
V V
由此
- 12 -
A A
32. The defendant admitted that as early as March 2019, he was
B B
asked by Ah B to drive an unlicensed car to take people to commit burglary5.
C C
Based on the timing which the defendant paid for and took possession of the
D D
6
Silver Nissan , I have reasons to believe that he picked up the vehicle for the
E E
purpose of committing a crime. Hence, I make a disqualification order of 15
F F
months, which shall run from the date of conviction.
G G
H H
I I
J
(G. Lam) J
District Judge
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T 5
See paragraph 22(e) of the Amended Summary of Facts dated 23 April 2020. T
6
See paragraph 17 of the Amended Summary of Facts dated 23 April 2020.
U U
V V
由此
A A
B DCCC 847/2019 B
[2020] HKDC 300
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO. 847 OF 2019 E
F ____________ F
G HKSAR G
v
H H
CHU Kong-fai
I ____________ I
J J
Before : H.H. Judge G. Lam
K Date : 6 May 2020 K
Present : Mr. Terry Wong, counsel on fiat, for HKSAR.
L Mr. Alan So instructed by M/s Cheung & Liu, L
assigned by the Director of Legal Aid, for the
defendant
M M
Offences : (1) Conspiracy to burgle（串謀入屋犯法）
(2) Possession of offensive weapons（管有攻擊
N N
性武器）
(3) Driving an unlicensed vehicle（駕駛未領牌
O O
車輛）
(4) Using a motor vehicle without third party
P P
insurance（沒有第三者保險而使用汽車）
(5) Forgery of documents（偽造文件）
Q Q
(6) Failure to produce proof of identity on
demand（未能在規定下出示身分證明文
R R
件）
S S
REASONS FOR SENTENCE
T T
U U
V V
由此
- 2 -
A A
The defendant faces 1 charge of "Conspiracy to burgle"
B B
(Charge 1); 1 charge of "Possession of offensive weapons" (Charge 2); 1
C C
charge of "Driving an unlicensed vehicle" (Charge 3); 1 charge of "Using a
D D
motor vehicle without third party insurance" (Charge 4); 1 charge of
E E
"Forgery of documents1" (Charge 5) and 1 charge of "Failure to produce
F F
proof of identity on demand2" (Charge 6). He pleaded guilty to Charges 1, 4,
G 5 and 6. I granted the prosecution's application to leave Charges 2 and 3 in G
H the court file; not to be proceeded against him without leave of court. H
I I
J
Summary of Facts J
K K
2. Harvest Jewellery Co. was situated at Ground Floor, Block N,
L Wing Wah Mansion, No.425N Queen's Road West ("the Shop"). Its owner, L
M Mr. Mak (PW1), left the Shop around 8:00 p.m. on 19 April 2019. He M
N locked the roller shutter with 2 metal strips. N
O O
3. PW1 returned to the Shop around 10:00 a.m. on 20 April 2019.
P P
He found one of the metal strips used for locking the roller shutter broken.
Q Q
He checked the Shop and found no signs of ransacking or any loss of
R R
properties.
S S
T 1
Contrary to section 111(1)(a) of the Road Traffic Ordinance (Cap.374). T
2
Contrary to section 17C(3) of the Immigration Ordinance (Cap.115).
U U
V V
由此
- 3 -
A A
4. About 10:30 a.m. on the same day, a security guard (Ms. Cheuk)
B B
who worked in the vicinity of the Shop found a pair of green and yellow
C C
gloves and a blue face mask at the rear alley near Nos.7 to 9, Hill Road. She
D D
picked up the gloves and face mask around 2:30 p.m. on the same day and
E E
handed them to the Police.
F F
G CCTV Footage G
H H
5. CCTV footage revealed that around 2:52 a.m. on 20 April 2019,
I I
a silver private car ("the Car") stopped at a few shops away from the Shop.
J J
About 2 minutes later, 2 males in dark coloured clothing alighted from the
K K
Car and moved towards the Shop. They looked around the roller shutter of
L the Shop and returned to the Car after 3 minutes. L
M M
N 6. The 2 males showed up again at 2:58 a.m. and wandered N
around outside the Shop. One male took out something from his bag, knelt
O O
down and used it to temper with one of the 2 metal strips used for locking
P P
the roller shutter. Both of them wandered around outside the Shop again for
Q Q
a few minutes. The male who was carrying a bag once more tempered with
R R
the metal strips for about 2 minutes. Both males then fled towards Whitty
S S
Street when a few uniformed police officers showed up in the vicinity.
T T
U U
V V
由此
- 4 -
A A
7. The Car was driven away around 3:04 a.m. and headed towards
B B
Hill Road. About the same time, CCTV footage in the vicinity of Hill Road
C C
captured 2 males with similar appearance of those 2 who were wandering
D D
around outside the Shop trying to remove their clothes.
E E
F F
Arrest
G G
8. About 3:35 a.m. on 20 April 2019, at a police road block set up
H H
at Prince Edward Road East, a silver private car ("the Silver Nissan") with a
I I
licence plate MH7793 mounted on the front driven by the defendant was
J J
stopped. Its chassis number is V35-152999. The Silver Nissan and the Car
K K
were of the same colour, make and model.
L L
M 9. PC 12418 searched the Silver Nissan in the presence of the M
N defendant. A black New Balance backpack ("Backpack 1") which contained N
1 crowbar, 2 screwdrivers, 1 black cap, 2 pairs of green and yellow gloves
O O
and 1 nylon bag was found on the rear passenger seat. A black Adidas
P P
backpack ("Backpack 2") which contained 1 screwdriver, 1 pair of green
Q Q
and yellow gloves and 1 black cap was also found on the rear passenger seat.
R R
A set of black hydraulic cutting pliers was found inside a box on the floor of
S S
the right rear passenger seat.
T T
U U
V V
由此
- 5 -
A A
10. At the same time, PC 13957 discovered that the paper vehicle
B B
licence of the Silver Nissan shows plate number SJ3404. He further
C C
discovered that a licence plate VN7862 was mounted at the rear of the
D D
vehicle with another licence plate HM7793 inserted on top of it.
E E
F F
11. Upon request by PC 12418, the defendant failed to produce his
G HKID card. G
H H
I 12. PC 12418 arrested the defendant for the offences in Charges 4 I
J
to 6. Under caution, he said "The car does not belong to me; I only helped J
my friend driving it."
K K
L L
Ownership of the Silver Nissan
M M
N 13. Police investigation revealed that a Mr. Poon purchased the N
Silver Nissan registered with plate number SJ3404 in May 2017 from a Mr.
O O
W.C. Chan who worked at a garage in To Kwa Wan.
P P
Q Q
14. In July 2018, Mr. Poon left the Silver Nissan at Mr. W.C.
R R
Chan's garage for sale. Mr. Poon, however, retained the plate number
S S
SJ3404 for another car owned by him. According to the records of the
T T
Transport Department, the Silver Nissan should bear plate number VN7862
U U
V V
由此
- 6 -
A A
upon it being sold to Mr. W.C. Chan. In any event, Mr. Poon did not remove
B B
the paper vehicle licence which reads SJ3404. Therefore, it was left on the
C C
windscreen after the sale.
D D
E E
15. In February 2019, Mr. W.C. Chan sold the Silver Nissan to a
F F
Mr. Wong (also known as "Ah Kuen"). Ah Kuen later sold the Silver Nissan
G to his friend "Tai B" (i.e. the defendant). In early April 2019, the defendant G
H paid Ah Kuen by cash and drove the vehicle away. H
I I
J
16. Records of the Transport Department show that at the time of J
the offences, the Silver Nissan was still registered under Mr. Poon's name
K K
with plate number VN7862.
L L
M M
17. According to the insurance company, on 5 July 2018, Mr. Poon
N N
transferred the insurance policy of the Silver Nissan to another car he owned.
O O
In other words, the Silver Nissan was not covered by a valid third party
P insurance policy at the time of the offences. P
Q Q
R 18. According to the records of the Transport Department, at the R
S
time of the offences, the plate number MH7793 (which was displayed at the S
front of the Silver Nissan) belonged to a black light goods vehicle owned by
T T
U U
V V
由此
- 7 -
A A
a Mr. K.K. Chan. He does not know anyone involved in the dealings of the
B B
Silver Nissan. The plate number HM7793 (which was displayed at the rear
C C
of the Silver Nissan) was not assigned to any motor vehicle.
D D
E E
Admissions
F F
19. In his 1st video recorded interview, the defendant claimed that
G G
he was asked by an acquaintance named "Ah Keung" to drive the Silver
H H
Nissan, which belonged to Ah Keung's friend. The defendant came to know
I I
Ah Keung through someone named "Ah B". In the early hours on 20 April
J J
2019, Ah B asked the defendant to drive someone to Hong Kong from Mei
K K
Tung Estate for a reward of $1,500. He picked up Ah Keung and 3 unknown
L males and drove them to a place near Western Police Station. Ah Keung and L
M one male (Male C) alighted from the vehicle and the defendant was M
N instructed to drive the remaining 2 males (Males A and B) back to Mei Tung N
Estate. After dropping off Males A and B, the defendant was supposed to
O O
leave the Silver Nissan at Kwun Tong Pier, but was stopped at a police road
P P
block at Prince Edward Road. Backpacks 1 and 2 (plus their contents) as
Q Q
well as the hydraulic cutting pliers were brought on board by the unknown
R R
males. The defendant admitted that he thought the people who boarded the
S S
Silver Nissan were going to commit burglary.
T T
U U
V V
由此
- 8 -
A A
20. In his 2nd video recorded interview, the defendant admitted that
B B
around 11:00 p.m. on 19 April 2019, Ah B and Ah Keung asked him to drive
C C
to the Shop for a reward of $1,500. Ah B told the defendant to drive Ah
D D
Keung and 3 other males to a location as directed by Ah Keung. Ah Keung
E E
and the 3 other males were to burgle a place, whilst the defendant was to act
F F
as a lookout. He was supposed to drive them back to Mei Tung Estate
G afterwards. The defendant stopped the Silver Nissan a few shops away from G
H the Shop. Ah Keung and one unknown male went to the Shop, whilst the H
I other 2 males remained in the vehicle. Since there were some police officers I
J
nearby, Ah Keung asked the defendant to drive the other 2 males back to J
Mei Tung Estate.
K K
L L
21. The defendant now admits that he committed the offences as
M M
particularized in Charges 1, 4, 5 and 6.
N N
O O
Mitigation
P P
22. The defendant is 41 and has 10 conviction records, which
Q Q
included 2 "Burglary" offences and 8 drug-related offences. For traffic
R R
records, he obtained his driving licence in 1998 and has 1 conviction of
S S
"Careless driving" and 2 fixed penalty tickets. Defence counsel Mr. So
T T
informed me that the defendant is divorced with an adult daughter. Prior to
U U
V V
由此
- 9 -
A A
the present case, he was a supervisor and driver of a decoration company
B B
earning about $25,000 per month. In mitigation, Mr. So submitted that the
C C
defendant committed the present offences due to financial needs; he had to
D D
care for his aged parents. Furthermore, no one was able to break into the
E E
Shop and nothing was stolen.
F F
G Sentence G
H H
Charge 1
I I
J
23. The normal starting point for non-domestic burglary is 2.5 J
years' imprisonment.
K K
L L
24. The defendant is no stranger to the "Burglary" offence. His
M M
first 2 conviction records in 1994 and 1995 were "Burglary". He then
N N
switched to drug-related offences since the millennium.
O O
P 25. Although the substantive act of "Burglary" was incomplete in P
Q the present case, there is a clear aggravating factor that the defendant acted Q
R in concert with 4 other persons. Evidence seems to suggest that defendant's R
S
role was driver and lookout. Tools fit for breaking in were also found. S
Some degree of advance planning must have been involved. Furthermore, a
T T
U U
V V
由此
- 10 -
A A
jewellery shop was the targeted premises. If successfully burgled, the
B B
monetary loss is likely to be substantial.
C C
D D
26. Based on the above factors, I adopt a starting point of 33
E E
months' imprisonment for this charge. With the timely guilty plea, the
F F
sentence is reduced to 22 months.
G G
H Charge 4 H
I I
27. By driving the Silver Nissan, the defendant has deprived his
J J
passengers and all other road users of adequate financial protection. I adopt
K K
3 months' imprisonment as the starting point. With the timely guilty plea,
L the sentence is reduced to 2 months. L
M M
N Charge 5 N
O O
28. The maximum penalty of this offence is a fine of $10,000 and
P imprisonment for 3 years. Plainly, the defendant's intention was to disguise P
Q the true identity of the Silver Nissan, when it was being used in the course of Q
R committing a "Burglary" offence. I adopt of a starting point of 6 months' R
S
imprisonment for this charge. With the timely guilty plea, the sentence for S
is reduced to 4 months.
T T
U U
V V
由此
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A A
Charge 6
B B
C 29. The maximum penalty of this offence is a fine at Level 2 (i.e. C
D $5,000 3 ). In my view, it is unnecessary to lay this charge against the D
E
defendant. I will impose a nominal fine of $200, to be paid forthwith. E
F F
Overall Sentence
G G
30. I accept Mr. So's submission that Charges 1, 4 and 5 arose from
H H
the same incident. I consider a global starting point of 36 months'
I I
imprisonment appropriate for these 3 charges. With the timely guilty pleas,
J J
the overall sentence is reduced to 24 months. To achieve this, I order the
K K
sentences to run in the following manner :-
L L
(i) Charges 1 and 4 concurrent; and
M M
N
(ii) 2 months in Charge 5 consecutive to Charges 1 and 4. N
O Thus, arriving at a total prison term of 24 months for all 3 charges. O
P P
Q 31. For Charge 4, the disqualification period shall be not less than Q
12 months or more than 3 years 4 . Mr. So indicated that he had no
R R
submissions regarding the disqualification order.
S S
T 3
See section 113B and Schedule 8 of Cap.221. T
4
See section 4(2)(a) of Cap.272.
U U
V V
由此
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A A
32. The defendant admitted that as early as March 2019, he was
B B
asked by Ah B to drive an unlicensed car to take people to commit burglary5.
C C
Based on the timing which the defendant paid for and took possession of the
D D
6
Silver Nissan , I have reasons to believe that he picked up the vehicle for the
E E
purpose of committing a crime. Hence, I make a disqualification order of 15
F F
months, which shall run from the date of conviction.
G G
H H
I I
J
(G. Lam) J
District Judge
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T 5
See paragraph 22(e) of the Amended Summary of Facts dated 23 April 2020. T
6
See paragraph 17 of the Amended Summary of Facts dated 23 April 2020.
U U
V V