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DCCC1099/2010
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1099 OF 2010
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| Before:
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Deputy District Judge A. Yuen
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| Date:
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26 May 2011 at 10.10 am
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| Present:
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Mr Raymond Pierce, Counsel on fiat, for HKSAR
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Mr Cheung Wai-sun, Patrick, instructed by Messrs Y K Lau & Chu, assigned by the Director of Legal Aid, for the Defendant
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| Offence:
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(1) Burglary (入屋犯法罪)
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(2) Remaining in Hong Kong without the authority of the Director of Immigration after having landed unlawfully in Hong Kong (在香港非法入境後未得入境事務處處長授權而留在香港)
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Reasons for Sentence
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1. You were found guilty of one count of burglary and one count of remaining in Hong Kong without the authority of the Director of Immigration after having landed in Hong Kong unlawfully.
2. Facts revealed that on 25 August 2005, you burgled into a domestic premises and stole therein. Facts also revealed that you came to Hong Kong illegally and remained here unlawfully at the material time of the offence.
3. There are clear guidelines for both charges. For burglary into domestic premises, the starting point is one of 3 years. For the illegal-remaining-in-Hong-Kong charge, the starting point is one of 15 months even after a plea of guilty.
4. In sentencing you, I will take into account the totality principle. In this case, I fail to see any mitigating factor at all. For the 1st charge, I will take 3 years as the starting point. There being no mitigating factor, you are therefore sentenced to 3 years.
5. For the 2nd charge, I notice that this is the fourth time you were convicted of a similar offence. I will therefore take 18 months as the starting point. There being no mitigating factor, you are therefore sentenced to 18 months, 12 months of which to run consecutively to the sentence of the 1st charge, therefore making a total of 4 years.
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A. Yuen
Deputy District Judge |
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