HKSAR v. WONG WING KAI

DCCC 146/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 146 OF 2013

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Reasons for Sentence

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1. Wong Wing-kai, you have been convicted on your own plea on one charge of burglary.

2. The burglary occurred at a shop under renovation in Kweilin Street, Sham Shui Po.  The premises had been locked for the weekend by the contractor with a padlock on Saturday, 22 December 2012.  When the contractor returned to work on the Monday morning he saw you climbing out of the premises via the scaffolding erected on the outside.  You were holding an electric air pump which you had just stolen; it’s value was about $700.  You were subdued after a struggle during which the contractor was assisted by a passer-by. 

3. After your arrest you were interviewed.  The account you gave then is similar to the account that I have been given by Mr Chan today.  You claimed that you were a scaffolding worker and had just been walking past the premises, noticed it was under renovation, and climbed in using the scaffolding, presumably to see if there was anything of value inside. 

4. As I am sure Mr Chan has told you, the normal starting point for burglary in non-domestic premises is 2½ years’ imprisonment.  That is the normal starting point for a first offender.  You were not a first offender, in particular you had five previous convictions for dishonesty.  On the other hand, I do bear in mind that in the normal case of burglary there is an element of planning and premeditation, and in your case I am prepared to accept that this was not a pre-planned offence, but it was an offence committed on momentary impulse seeing that the premises were under renovation.

5. I reflect those circumstances by adopting a starting point of 2 years’ imprisonment.  You have pleaded guilty and are entitled to the usual discount of one-third.  Accordingly, I sentence you to 16 months’ imprisonment.