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DCCC77/2009
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 77 OF 2009
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Before:
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Deputy District Judge Tallentire
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Date:
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3 March 2009 at 10.22 am
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Present:
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Ms Sezen Chong, PP, of the Department of Justice, for HKSAR
Mr Lee King-chung, Alexander, of Messrs Li & Partners, 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, I am going to deliver a very short reasons for sentence but please remain seated while I do that.
2. You pleaded guilty to a single offence of burglary contrary to sections 11(1)(b) and for Theft Ordinance Cap.210. You admitted the brief facts and I convicted you. The facts were as follows.
3. At about 5 pm on 10 December last Hiu So-fong, PW1, the owner of the house at No. 38, Ground Floor, On Lok Kui, Deep Bay Road, Tin Shui Wai, opened the main gate and heard noises emanating from inside. The house was used as a storage facility.
4. She noticed something wrapped in a sheet placed outside the window and a blue plastic board which had been on the windowsill to be on the ground. Being suspicious, she called her husband to make a report to the police. Within moments PW2, a police officer, arrived. You were found hiding in a wardrobe on the 1st floor. You were entirely honest and straightforward with the police. You admitted going in to look for goods to sell. You said that you entered the house via a window. Under caution you admitted taking away some jade-like items. Inside the house they found a blue nylon bag containing 10 crafted stones which PW1 identified as her property.
5. In a subsequent interview under caution you made a full confession. You admitted to 11 previous convictions, six of which involved dishonesty. I do note this is your first conviction for burglary.
6. There was little of note that was advanced by way of mitigation. I was told of your background and present circumstances. Your co-operation, your plea of guilty and the small value of the goods were advanced.
7. While strictly the premises are described as a house, it is clear to me in fact that they are only used for storage. Therefore, I resolve to treat them as non-domestic premises. It seems to me there is no reason to depart from the normal tariff for burglary for non-domestic premises. There was nothing exceptional in this case whatsoever.
8. Therefore, I take as a starting point 30 months’ imprisonment to be reduced to 20 months for your plea of guilty. You will go to prison for 20 months.
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Tallentire |
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Deputy District Judge |
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