Case Details
For Respondent(s):
Mr Wong Wai-chuen, Paul, of Messrs Paul Kwong & Co., assigned by the Legal Aid Department
- Offence:Burglary (入屋犯法罪)Reasons for Sentence1.Defendant
- you were convicted after trial of a single offence of burglary
- that was burglary of non-domestic premises.2.In my verdict I fully dealt with the facts
- I do not intend to repeat those facts.3.You admitted to six previous convictions
- five being dishonesty
- one being a burglary.4.On your behalf Mr Kwong entered mitigation. He stressed your acceptance of illicit possession of the camera. He referred me to your domestic
- employment situation. He produced to court a psychiatric report. That report spoke of certain psychiatric problems that do not at this point require any hospital treatment. I am told you are 30 years of age
- single.5.In sentencing you I have taken into account the mitigation advanced
- the facts of the case
- the nature of the case
- the contents of that psychiatric report.6.This is a burglary of non-domestic premises. In your favour
- the premises were not ransacked. Force was not used to enter those premises. The goods although purely fortuitously were all recovered. And from the outset you did acknowledge your illicit possession of the camera. In addition
- at trial certain facts were admitted which shortened the length of that trial. Also I take into account that although you have a poor record
- you have been out of trouble for 11 years. I add to this that you do suffer from psychiatric problems.7.Please stand up. In all the circumstances
- therefore
- you will go to prison for 27 months.TallentireDeputy District JudgePresent:Mr Alan Ng
- Counsel on fiat
- for HKSARMr Wong Wai-chuen
- Paul
- of Messrs Paul Kwong & Co
- assigned by the Legal Aid Department
- for the DefendantDate:17 April 2009 at 10.23 amBefore:Deputy District Tallentire
HKSAR v. FUNG KAI CHUNG
DCCC 1215/2008
District Court17 April 2009
Judges:Offence:Burglary (入屋犯法罪)Reasons for Sentence1.Defendantyou were convicted after trial of a single offence of burglarythat was burglary of non-domestic premises.2.In my verdict I fully dealt with the factsI do not intend to repeat those facts.3.You admitted to six previous convictionsfive being dishonestyone being a burglary.4.On your behalf Mr Kwong entered mitigation. He stressed your acceptance of illicit possession of the camera. He referred me to your domesticemployment situation. He produced to court a psychiatric report. That report spoke of certain psychiatric problems that do not at this point require any hospital treatment. I am told you are 30 years of agesingle.5.In sentencing you I have taken into account the mitigation advancedthe facts of the casethe nature of the casethe contents of that psychiatric report.6.This is a burglary of non-domestic premises. In your favourthe premises were not ransacked. Force was not used to enter those premises. The goods although purely fortuitously were all recovered. And from the outset you did acknowledge your illicit possession of the camera. In additionat trial certain facts were admitted which shortened the length of that trial. Also I take into account that although you have a poor recordyou have been out of trouble for 11 years. I add to this that you do suffer from psychiatric problems.7.Please stand up. In all the circumstancesthereforeyou will go to prison for 27 months.TallentireDeputy District JudgePresent:Mr Alan NgCounsel on fiatfor HKSARMr Wong Wai-chuenPaulof Messrs Paul Kwong & Coassigned by the Legal Aid Departmentfor the DefendantDate:17 April 2009 at 10.23 amBefore:Deputy District Tallentire