HKSAR v. TAMANG AMRIT

DCCC 1095/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1095 OF 2013

____________

____________

REASONS FOR SENTENCE

1.  Tamang Amrit you have pleaded guilty to one charge of burglary of the Aeon Living Plaza, a department store located in Chong Hing Square in Mongkok, contrary to section 11 of the Theft Ordinance, Chapter 210.

2.  In summary in the early hours of the 2 October last year the security alarm of the department store was activated alerting the security guard of Chong Hing Square.  Staff of Aeon Living Plaza were informed and returned to the store when they found you inside the store holding a pair of socks belonging to the store whilst standing near a shelf displaying socks. 

3.  The police were called and found from your trouser pockets a pair of labour gloves and a metal rod.  A check of the store revealed that the metal rod had been taken from the door bolt used to secure the main door to the third floor rear staircase. 

4.  In passing sentence I have carefully considered everything said on your behalf by Mr Yip, who tells the court that you committed the burglary because you were in need of money to buy an air ticket to Nepal.  I take into account your young age and that you have not been in trouble with the police since your father, who is a Hong Kong citizen, brought you and your brothers to Hong Kong in 2012.

5.  The correct starting point for a single burglary of non-domestic premises committed by a first offender of full age where there are no aggravating or mitigating features is 2 years and 6 months imprisonment.

6.  Section 109A of the Criminal Procedure Ordinance, Chapter 221 provides no court shall sentence a person of or over 16 and under 21 years of age to imprisonment unless the court is of the opinion that no other method of dealing with such person is appropriate.    

7.  With this in mind I turn to consider the reports I have called for before passing sentence.  The background report reveals that since arriving in Hong Kong you have worked in the construction industry earning around $20,000 per month and that you spend much of that money on alcohol.   The report also reveals you took cannabis for about five months.  You ask for leniency telling the probation officer that you will stop drinking and taking drugs and that you wish to return home to live with your father and engage in a stable job. 

8.  The report from the Assessment Officer at Pik Uk makes reference to you being led astray by unscrupulous friends.  Reference is also made to having in fun in public parks with some Nepalese peers who treated you and influenced you into smoking.  Although you said that some were drug addicts you did not tell the Assessment Officer you had tried cannabis. 

9.  The Assessment Officer found you cooperative in attitude and says that you showed a strong sense of remorse for what you had done.  Again you asked for leniency telling the Assessment Officer that you would go all out to look for a new job upon discharge. 

10.  Whilst your father is astounded by what you have done he believes you have learnt a big lesson from the court proceedings.  Your father promises his unfailing support for your reform and in view of your young age also asks for a lenient sentence for you and hopes that you could receive rehabilitative training.

11.  In view of your weak law abiding concept a period of disciplinary training coupled with statutory supervision is considered beneficial to you.  Whilst you are mentally and physically fit for detention in a Rehabilitation Centre and a Training Centre the Assessment Officer considers you more suitable for detention in a Rehabilitation Centre.

12.  Taking into account your young age, clear record, plea of guilty, the nature of the burglary and that you have already spent nearly five months in custody I am of the view you are an offender for whom a short-term custodial sentence would be appropriate. Having regard to your character and conduct and the circumstances of the case I am satisfied it would be in your interest and that of the community that you undergo a period of training in a Rehabilitation Centre in lieu of a term of imprisonment (see section 4(1) & (2) of the Rehabilitation Centres Ordinance, Chapter 567).    

13.  You are convicted and sentenced to detention in a Rehabilitation Centre.