HKSAR v. LAM WANG FAT

DCCC822/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 822 OF 2010

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Reasons for Sentence

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1.  Defendant, you have been convicted after trial of an offence of attempted burglary, contrary to section 11(1)(a) and (4) of the Theft Ordinance, Cap.210 and section 159G of the Crimes Ordinance, Cap.200, Laws of Hong Kong.

2.  The evidence quite clearly establishes that you on 16 March of last year, in the early hours of that morning, climbed up from the outside of the building to Flat 1 on the Mezzanine Floor of Block 1, Ngai Hing Mansion, and attempted to enter the premises through the window to the toilet.  You never actually managed to gain entry but in fact fell into the back alley of Pak Po Street, where you were found, having suffered injuries.

3.  The medical report which I have received confirms that your general condition is now satisfactory, you have recovered from your injuries, although I note that you have some residual problems with your hearing and eyesight.

4.  You are single and 37 years of age.  You have a number of previous criminal convictions but this is your first offence of this nature.

5.  The starting point for burglaries of non-domestic premises is a sentence of 2½ years’ imprisonment.

6.  The fact that you did not in the present case actually gain entry and steal anything counts for little because it was clearly your intention to enter these premises and steal.

7.  Nevertheless, in the circumstances of this case, I believe it is right that I can depart from the starting point marginally, such that you will be sentenced to 2 years’ imprisonment.