HKSAR v. AHMED JUNAID

DCCC1128/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1128 OF 2008

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Reasons for Sentence

1.  The defendant pleaded guilty to one count of burglary contrary to section 11(1)(b) and (4) of the Theft Ordinance. 

2.  Summary of Facts reveals that the defendant in the small hours on 4 November 2008 prised open the roller shutter of one store in Lamma Island.  He then entered the store and stole 10 packets of cigarettes plus cash of HK$530. 

3.  The whole incident was witnessed by a citizen.  He reported the matter immediately to the police.  As a result, the defendant was arrested by the police in the vicinity. 

4.  The defendant, aged 22, came to Hong Kong in 2002 as a refugee.  He was granted refugee status and is awaiting resettlement. 

5.  It is submitted that because of these personal circumstances the court should treat this case as an exceptional one.  It is further submitted that any period of substantial incarceration will inevitably jeopardise his chance for resettlement. 

6.  This may well be the consequence Hong Kong has to bear.  I, however, do not see that constitutes an exceptional circumstances. 

7.  The defendant and his family receive HK$8,000 living allowance from the UNHCR each month.  It is not a huge sum but certainly reasonable and adequate.  Apart from greed, I simply cannot think of any reasons for the commission of this offence.  After all, the present offence is not the defendant’s first criminal conviction.  He has a theft record in April 2008.  In other words, the present offence was committed shortly afterwards.  He should have realised the consequence on his and his family’s prospect for resettlement. 

8.  The burglary committed by the defendant was not purely an opportunistic one.  He prised open the shutter gate of the store in question.  It was a deliberate attempt to enter and steal.  I accept that properties stolen were of not substantial value.  That is because there is simply little of value to be stolen from a grocery store. 

9.  Your counsel, Mr Beel, has tried very hard to construct an exceptional case on your behalf.  There are, however, little materials for him to build upon. 

10.  As such, in accordance with the normal tariff, 30 months is adopted as the starting point.  Because of your plea, your sentence is reduced to one of 20 months’ imprisonment. 

11.  Mr Junaid, please stand up.  For the offence the defendant stands convicted, he is sentenced to 20 months’ imprisonment.