HKSAR v. HUANG GUI

DCCC207/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 207 OF 2012

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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 2 February of this year entered as a trespasser Flat F, 5th Floor, Block 3, Carado Garden in Sha Tin, New Territories, and stole cash of $3,067, two rings, three bracelets, three wrist chains, six necklaces, six pendants, one gold coin and a pair of earrings.

2.  The summary of facts which you have agreed are extremely straightforward.

3.  You gained access to these premises via scaffolding which had been erected outside the building, prised open a window and stole the items named in the charge.

4.  In fact, the house-owner came back to the premises whilst you were inside, causing alarm to her.  You escaped, the police were alerted and you were caught close by with the stolen property found on your person.

5.  You are 31 years of age, a native of the Mainland and have no previous convictions in Hong Kong.  You committed this offence for financial gain and arrived in Hong Kong only one day prior to the offence being committed.

6.  Your counsel is quite correct.  The normal starting point for domestic burglary is one of 3 years’ imprisonment, absent of any aggravating features.

7.  In all the circumstances, I propose to adopt 3 years as my starting point in this case and will discount that by one-third to take account of your plea of guilty which is the only real mitigation in this case.

8.  Accordingly, you are sentenced to 2 years’ imprisonment.