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DCCC74/2009
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 74 OF 2009
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Before:
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Deputy District Judge Tallentire
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Date:
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2 March 2009 at 11.53 am
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Present:
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Mr Stewart Hau, SPP of the Department of Justice, for HKSAR
Mr Chan Chi-shing, of Messrs C S Chan & Co., assigned by the Legal Aid Department, for the Defendant
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Offence:
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Burglary (入屋犯法罪)
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Reasons for Sentence
1. Defendant, you pleaded guilty to a single offence of burglary, contrary to sections 11(1)(b) and (4) of the Theft Ordinance, Cap.210. You admitted the Brief Facts and I convicted you.
2. The facts were as follows. At 0015 hours on 15 December last, a Mr Lam Shing-tung, PW1, the proprietor of PP Restaurant at the ground floor of 21 Clear Water Bay Road closed his business, and with his staff member, Mr Xu Wenchao, retired upstairs. At 0050 hours, PW1 heard sounds indicating the lifting of the gate. Therefore, he and PW2 came down to find the gate at the front closed, but the padlock had been removed and placed on the floor. Suspecting someone had already entered the restaurant, he called the police.
3. Whilst he was making the report, the rolling gate at the rear was lifted. Therefore, they blocked that entrance, and after about three minutes, police officers arrived. You were found hiding behind a steel rack. You were arrested and admitted to burgling the restaurant. On a search of your shoulder bag, there was found a pair of gloves, a cap, a torch, a resealable plastic bag, three keys, coins totalling $343, notes totalling $340, and six packets of cigarettes. A surgical mask was found at the front entrance. The cashier counter was found to have been prised, and a screwdriver was found nearby. Also marks to indicate prising were found at the rear rolling gate. Outside the rear entrance was a bag containing a notebook computer with a cable, a set of amplifiers, a computer writing pad, and 50 packs of cigarettes.
4. PW1 identified the computer, amplifiers, cigarettes, coins and banknotes as his property. Under caution, you admitted the offence. Defendant, you admitted to 17 previous convictions, 2 of which were burglaries.
5. Nothing of particular note was raised in mitigation save to stress your co-operation and lack of resistance at the time of being apprehended. I was told that you are the main breadwinner of the family which comprises your mother, father and ex-wife and 9-year-old daughter. I am told that you are now resolved to turn over a new leaf.
6. This was a burglary of commercial premises committed at a time when you expected no one to be at the restaurant. I gave you credit for and noted your co-operation and readiness to confess. Your record is poor. I have decided to impose the usual tariff. That is a starting point of 30 months’ imprisonment, reduced to 1 year and 8 months for your plea of guilty. You will therefore go to prison for 1 year and 8 months.
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Tallentire |
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Deputy District Judge |
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