HKSAR v. Wu CHUN MING

DCCC265/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 265 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single charge of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, Cap. 210, Laws of Hong Kong, the particulars being that you on 29 December of last year entered as a trespasser at No. 24 Tai Lam Chung Tsuen, Tuen Mun and stole a mobile phone.

2.  The Summary of Facts which you have admitted are quite straightforward and indicate that at about 1 o’clock in the afternoon of the day in question, the tenant of the victimised premises saw you walk out from the rear of the premises. He chased you. You jumped into a ditch, and he was unable to locate you, so he made a report to the police. In the meantime, he checked his premises and found that a mobile phone had gone missing. You were eventually located by the police in the vicinity and under caution you admitted the offence.

3.  You are 34 years of age and have a very poor criminal record. Many of the offences relate to thefts and you have three previous convictions for burglary. In the present case, I accept that no damage was done to the premises that you burgled and that it occurred at daytime when the premises were unoccupied.

4.  The normal starting point for burglaries of domestic premises is one of 3 years’ imprisonment. That, of course, is where there is an absence of aggravating features. In your case, you are a repeat offender, and I find that your persistence in committing offences such as the present offence is indeed an aggravating feature.

5.  I, therefore, adopt a higher starting point of 3 years 3 months’ imprisonment to reflect this aggravating feature. I will give you full credit for your plea of guilty and reduce this sentence by one-third, arriving at a sentence of 26 months’ imprisonment.