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DCCC93/2012
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 93 OF 2012
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| Date:
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7 March 2012 at 10.48 am
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| Present:
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Mr Lenny Cheng, PP, of the Department of Justice, for HKSAR
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Mr Chan Kar-fung, of K F Chan & Co., 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
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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 6 December of last year, having entered a building at Flat D, 17th Floor, Block 4, Tsui Lai Garden, Sheung Shui as a trespasser, you stole one bracelet, two rings and cash of $3,000.
2. The Summary of Facts which you have admitted are simple enough and establish that the victimised premises were well-known to you as you had previously cohabited there with your girlfriend who lived there with her family.
3. You left in March 2011 and the occupier of the premises changed the locks. Around about 1 o’clock in the afternoon on the day in question, you returned to the development accompanied by a locksmith and pretended to be a resident. You gained entry. Nobody was at home. You ransacked the premises and stole the items named in the charge.
4. You are 38 years of age. You still, I am told, live with your girlfriend and have a daughter by her, who is now about 15 months of age. You have a number of previous convictions which include convictions for dishonesty.
5. Burglaries of domestic premises are of course serious offences, but what distinguishes this case from others of its type is that you burgled premises that you had actually been living in for some time, some 7 months according to the Summary of Facts, prior to the commission of this offence.
6. You breached in a colossal way the trust that the victim’s family had placed in you. Whilst I am told and must accept that your girlfriend has forgiven you, this is an aggravating feature that I cannot ignore.
7. The normal starting point for burglaries of domestic premises is one of 3 years’ imprisonment. I adopt that as my starting point but will increase it by 6 months to reflect the breach of trust that I refer to, coming to 3½ years’ imprisonment.
8. I will discount this sentence by one-third to reflect your plea of guilty, arriving at a sentence of 28 months’ imprisonment.
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H H Judge Geiser
District Judge |
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