A A
DCCC 87/2020
[2020] HKDC 999
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 87 OF 2020
C C
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D D
HKSAR
E v E
Chu Wing-fung
F F
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G G
Before: HH Judge A. J. Woodcock
Date: 2 November 2020 at 2.45 pm
H Present: Ms Flavia Fung, counsel on fiat, for HKSAR H
Ms Lai Pui-ling Joyce, instructed by Choy Yung & Co,
assigned by DLA, for the defendant
I I
Offence: (1) & (2) Burglary (入屋犯法罪)
(3) Possession of offensive weapon in a public place
J (在公眾地方管有攻擊性武器) J
(4) Possession of apparatus for radiocommunications
without a licence (無牌管有無線電通訊器具)
K K
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L L
Reasons for Sentence
M --------------------- M
N 1. The defendant has pleaded guilty to two counts of N
burglary (Charges 1 and 2), one count of possession of an
O O
offensive weapon in a public place (Charge 3), and lastly one
count of possession of apparatus for radiocommunications without
P P
a licence (Charge 4).
Q Q
2. The defendant has pleaded guilty to entering as a
R trespasser part of a building known as Hong Kong Camy Academy of R
Dancing on the 9th Floor of 2-8 Yuen Long Tai Cheung Street,
S Yuen Long, with intent to steal therein. He entered on two S
divers’ dates, 8 December and 10 December 2019; hence, Charges 1
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and 2.
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A A
3. When he was arrested during the course of Charge 2 by
the police, he was searched and found to have possession of one
B B
dagger (Charge 3) and a walkie-talkie without an appropriate
C licence granted by the Communications Authority (Charge 4). C
D 4. On 8 December 2019, at about 9.04 pm when the dance D
academy was empty and locked up, CCTV footage captures the
E E
defendant attempting to prise open the wooden door but he
failed. The following day, the manager of the academy arrived at
F F
work to found the door damaged with obvious prise marks. A
G police report was made. G
H 5. On the following day, 10 December 2019, at about 7 pm, H
that same manager found the defendant sitting on the stairs on
I I
the 9th floor and recognised him from the CCTV footage. He
called the police who came to the premises and arrested the
J J
defendant.
K K
6. Under caution, the defendant admitted he intended to
L steal from inside the dance academy and had tried to enter L
previously but failed, so he was coming back to try again. He
M was bringing tools to try and enter successfully a second time. M
The defendant made a full admission at the scene under caution.
N N
7. The police searched his rucksack and found a yellow
O O
spade, a walkie-talkie, a dagger and some clothes. The defendant
P has pleaded guilty to possession of a dagger in public, an P
offensive weapon, as well as a walkie-talkie without the
Q necessary licence and authorisation. Q
R R
8. The defendant is now 33 years old and single. He was
unemployed at the time of his arrest. He is not a man with a
S S
clear record. He has seven previous convictions obtained over
T six court appearances. Six of those previous convictions are T
burglaries and the last a theft of a bicycle. His burglary
U convictions span from 2006 to 2016. U
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A A
9. Ms Lai has said all she can say on his behalf in
B B
mitigation. The defendant is remorseful and his plea of guilty
C at the earliest opportunity reflects his remorse. C
D Reasons for Sentence D
10. The defendant is in danger of being declared a
E E
recidivist and persistent offender. This is his seventh and
eighth burglary convictions. On this occasion, I will not
F F
enhance the starting point for recidivism but he must be warned
G that there is a high chance that if he commits a similar offence G
again, then his previous convictions will mean a longer
H sentence. H
I I
11. Normally, a burglary of commercial or business premises
will attract a starting point of 2 years and 6 months. On this
J J
occasion, he entered a commercial building as a trespasser but
K
failed to break into the dance academy itself. They suffered no K
loss except for the damage to a wooden door.
L L
12. I have considered the facts of the case, the mitigation
M put forward and the authorities referred to me by Ms Lai. I will M
take a starting point of 2 years and 6 months for both Charges 1
N N
and 2.
O O
13. Charge 3, possession of an offensive weapon in public,
P contrary to section 33(1) of the Public Order Ordinance, can P
attract a maximum sentence of 3 years’ imprisonment. There are
Q no guidelines in sentencing. This offence is case- and fact- Q
sensitive.
R R
14. I have considered the size of the weapon found in the
S S
defendant’s backpack with the other tools, and I find a starting
T point of 1-year imprisonment appropriate. T
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A A
15. Charge 4, possession of a walkie-talkie without a
licence, normally attracts a fine but the maximum sentence that
B B
can be imposed is one of 2 years’ imprisonment. Taking into
C account the facts of this case, I find a starting point of C
3 months’ imprisonment appropriate.
D D
16. You have pleaded guilty at the earliest opportunity and
E E
therefore entitled to a discount of one-third from all starting
points. Therefore, after that discount is applied, the defendant
F F
is sentenced as follows: Charge 1, 1 year and 8 months; Charge
G 2, 1 year and 8 months; Charge 3, 8 months; Charge 4, 2 months. G
H 17. I have considered the totality principle as well as the H
nature and timing of the charges. I will order 4 months of
I I
Charge 2 to run consecutively to Charge 1 and the balance
concurrently. I will order the sentences of Charges 3 and 4 to
J J
run concurrently to Charge 1. Therefore, the defendant is
K
sentenced to a total of 2 years’ imprisonment. K
L L
M M
N A. J. Woodcock N
District Judge
O O
P P
Q Q
R R
S S
T T
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