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DCCC1321/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1321 OF 2011
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HKSAR |
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v. |
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Lee Wai-kit |
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| Date: |
17 January 2012 at 10.43 am |
| Present: |
Mr Bobby Cheung, PP of the Department of Justice, for HKSAR
Mr Alexander Lee, of Li & Partners, assigned by the Director of Legal Aid, for the Defendant |
| Offence: |
Attempted Burglary (企圖入屋犯法罪) |
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Reasons for Sentence
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1. Defendant, you have pleaded guilty to a single charge of attempted burglary, contrary to section 11(1)(a) and (4) of the Theft Ordinance, Cap.210, Laws of Hong Kong, and section 159G of the Crimes Ordinance, Cap.200, Laws of Hong Kong, the particulars being that on 29 October of last year, you attempted to enter as a trespasser the rooftop house at No. 86 San Hong Street, Sheung Shui in the New Territories.
2. The Summary of Facts which you have admitted establish that at about 2 o’clock in the afternoon of the day in question, you were seen by a neighbour of the adjacent building inserting some iron wire through the lattice of the metal gate of the rooftop house.
3. The police, who were actually at the time on anti-burglary patrol in the area and who had seen you entering the building earlier, were alerted and intercepted you whilst you were tampering with the gate. You were searched; a screwdriver, a pair of pliers, a torch and a mirror were found in your shoulder bag.
4. You were arrested and cautioned. You duly admitted the offence, saying that you wanted to steal an air-conditioner as you were very poor.
5. You are indeed a part-time air conditioning worker. You are 25 years of age, and whilst this is your first offence of its type, you do have previous criminal convictions which include two previous convictions for theft.
6. In sentencing you, I take account of the fact that there are no aggravating features in this case. I accept that you are not a professional burglar nor was this offence particularly skilfully executed. I also of course take due account of your plea of guilty for which I give you full credit.
7. The normal starting point for burglaries of domestic premises, which of course includes attempted burglaries, is one of 3 years’ imprisonment.
8. I do adopt that as my starting point but I will discount that sentence by one-third to reflect your plea of guilty to the charge.
9. Accordingly, you are sentenced to a term of 2 years’ imprisonment.
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H H Judge Geiser |
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District Judge |
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