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DCCC165/2011
IN THE DISTRICT COURT OF THE
HONG KONGSPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 165 OF 2011
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HKSAR |
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v. |
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Lombana Gomez Jose Harold |
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Before: |
Deputy District Judge A Yuen |
Date: |
29 March 2011 at 2.57 pm |
Present: |
Miss Chan Sze-yan, PP, of the Department of Justice, for HKSAR
Mr John Marray, instructed by Jal N Karbhari & Co., for the Defendant |
Offence: |
(1) & (2) Burglary (入屋犯法罪) |
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Reasons for Sentence
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1. You pleaded guilty to two counts of burglary.
2. Facts revealed that on the two occasions, that is sometime between 30 November
last and 2 December last, and on 18 May last year, you burgled into the places
of abode of the two victims and stole therein their valuables, including notebook
computers, silver coins, cash, etc.
3. The appellate court has set down clear guideline for this kind of offence. The starting point is one of 3 years’ imprisonment for a single count of burglary involving domestic premises.
4. In sentencing you, I take into account your plea of guilty, you have got a clear record when you commit these two offences, the totality principle, and the mitigation put forward by your counsel.
5. For the 1st charge, I will take 3 years as a starting point.
6. You pleaded guilty; I will, therefore, reduce it to 2 years.
7. For the 2nd charge, I will also take 3 years as a starting point and, because
of your plea, I reduce it to 2 years, 1½ years of which will run concurrently
with the sentence of the 1st charge; therefore, making the total sentence of
2 years and 6 months.
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A Yuen |
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Deputy District Judge |
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