HKSAR v. DEEPAK KUMAR

DCCC 80/2020

[2021] HKDC 232

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 80 OF 2020

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Reasons for Sentence

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1.  This defendant has been convicted of one offence of going equipped for stealing. The details of that I have already set out in my findings in respect of the conviction.

2.  As far as sentence is concerned, this defendant is aged 35 now.  He has one previous conviction which is unrelated, for which he was sentenced to a sentence of imprisonment, but it is an unrelated matter to this conviction. 

3.  The major sentencing feature of this defendant’s case is the fact that he offered a plea to the charge for which he was eventually convicted, that offer being made as early as August of 2020.  Having been convicted of that by me, he is of course entitled that that is acknowledged in any sentence I impose by granting him a full discount of one-third from the starting point I adopt for sentence.

4.  In respect of the charge which he has been convicted, there are no actual guidelines but sentences range from 12 months upwards. 

5.  As I said earlier, the defendant has no previous convictions or similar convictions of dishonesty. 

6.  In this case, I will adopt as a starting point 12 months’ imprisonment, reduce that to 8 months’ imprisonment for his plea of guilty.  The 1st defendant’s sentence will be 8 months’ imprisonment.