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DCCC 772/2009
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 772 OF 2009
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HKSAR |
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v. |
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HUI Kai-mung |
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(許佳夢) |
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Coram :
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Her Honour Judge M. Yuen in Court
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Present:
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Miss Betty Fu, Public Prosecutor of the Department of Justice, for HKSAR
Mr. Herman Hui of Messrs Herman H.M. Hui & Co. assigned by D.L.A., 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
1. The defendant pleaded guilty to one charge of burglary of a fashion shop.
2. The defendant was a former employee of the fashion shop. She kept the keys to the premises after completing 4 months employment at the shop. She entered the shop in the evening of 14 May 2009 and stole cash HK$790 from the cash registry. Her entry to the shop was captured by the CCTV recording of the shop.
3. The sentencing tariff for a single count of burglary of non-domestic premises is generally a term of 2 ½ years imprisonment. (see Li Ming CACC-480/1985, Lau Siu Kwong CACC-628/87 and Chan Tsz Lung CAAR-4/1998. The same approach was adopted and utilized in more current cases such as Cheng Wai Kai CACC-338/2007, Ng Ngai Shan CACC-197/2008 and Tam Chi Choi (譚志才) CACC-381/2008 decision of 23 July 2009).
4. The defendant immigrated to Hong Kong from the mainland in 1998 at the age of 9. She dropped out of school when she did not manage to meet the high academic demand at school.
5. In light of her young age, her immaturity and the remorse she exhibited in court, I am prepared to extend clemency to her and give her a chance by imposing a community service order on her for her to serve the community for 200 hours.
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