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DCCC1313/2009
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1313 OF 2009
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HKSAR |
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v. |
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Nguyen Van Huong (D1) |
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Quan Coong Kheng (D2) |
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Before:
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H H Judge Tallentire
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Date:
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12 May 2010 at 11.58 am
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Present:
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Ms Jennifer Fok, PP, of the Department of Justice, for HKSAR
Mr Lee Pak Chau, instructed by Messrs Lee & So, assigned by the Director of Legal Aid, for the 1st Defendant
Mr Chan Sze Shing, Leo, instructed by Messrs Stephen Lo & P Y Tse, assigned by the Director of Legal Aid, for the 2nd defendant
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Offence:
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Attempted burglary (企圖入屋犯法罪)
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Reasons for Sentence
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1. D1, you pleaded guilty, and D2, you were convicted after trial of a joint offence of attempted burglary, contrary to sections 11(1)(a) and 4 of the Theft Ordinance, Cap.210, and 159G of the Crimes Ordinance, Cap.200.
2. D1, as we know, you were convicted on the admitted facts and you, D2, on the evidence. The facts have been dealt with exhaustively in the verdict I gave in respect of your trial, D2, this morning. I do not intend to repeat those facts, save to say that this matter involved you both being interrupted whilst attempting to enter a shop premises, fleeing an alley and being arrested by the police at the scene.
3. D1, you admitted to 18 previous convictions on 17 occasions, eight of which involved burglaries. D2, you admitted to 16 previous convictions on seven occasions, none of which involved burglary.
4. Mitigation was entered on behalf of each of you by your respective counsel. On your behalf, D1, Mr Lee informed me that you are 46 years of age, educated to Primary 6, and employed as a fruit hawker, earning between $9,000 and $10,000 per month. You came to Hong Kong from North Vietnam in 1987. Whilst you are single officially, you cohabit with a lady from time to time, and have three children ages 20, 17 and 8, the latter two being still in full-time education. You provide $2,000 a month by way of maintenance towards your common law wife. In Vietnam you have elderly parents to whom you send between $1,000 and $1,500 per month. You also have a younger sister. I am told, and it is confirmed by a letter, that tragically in April of this year your younger brother was killed in a boating accident.
5. Mr Lee tells me that you are resolved to serve your sentence, turn over a new leaf and support your parents better in Vietnam. Mr Lee accepts that you have a very poor criminal record, especially when it relates to burglary, but points out that your last such offence was in 2002. He acknowledges that the usual starting point is one of 30 months but points out that this is an attempt, and asks me to take a lower starting point.
6. D2, on your behalf, Mr Chan informs me that you are 57 years of age, single and educated to Form 1. You came to Hong Kong in 1979 from North Vietnam. You have elderly parents in China to whom, when you are able, you send $3,000 per month. Whilst you do have a criminal record, this is your first offence of burglary and is by far the most serious conviction so far.
7. I turn now to the sentence.
8. In my opinion, given all the circumstances of the case, including the fact this was an attempted burglary, a starting point of 27 months is appropriate. However, D1, in your case, you have an appalling criminal record, an appalling record for theft, and an appalling record for burglaries. To reflect the persistence of your criminal acts, I do take a slightly higher starting point of 30 months, reduced to 20 months for your plea of guilty. You will go to prison for 20 months.
9. D2, you were convicted after trial. There is no basis for any discount from the starting point. You will go to prison for 27 months.
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Tallentire |
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District Judge |
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