HKSAR v. RANA WASIF SALEEM AND ANOTHER

DCCC 366/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 366 OF 2013

-------------------------

-------------------------------

Reasons for Sentence

-------------------------------

1.  The 1^st and 2^nd defendants plead guilty before me for burglary of a storage house in Yuen Long. The property they intended to steal was electric wires.

2.  The 1^st defendant is 27 years old and the 2^nd defendant is 33.  The 1^st defendant has one previous similar record and the 2^nd defendant has a clear record.  

3.  As submitted by Mr Raffell, counsel for the defendants, in his mitigation, the only mitigating factor here is really their guilty plea.

4.  The usual starting point for non-domestic burglary is 2½ years’ imprisonment.   

5.  Although the premises is not really commercial in nature, I accept the submission of Mr Raffell not to treat it as a domestic burglary, which will attract a higher starting point. 

6.  Although the 1^st defendant has one previous similar record, I do not see it sufficient to treat him at this stage as a repeated offender so as to enhance his sentence.

7.  In the premises, I see no reason to depart from that usual starting point of 2½ years for the defendants. 

8.  Taking into account their guilty pleas, each of the defendants is sentenced to 20 months’ imprisonment for the charge.