HKSAR v. LIN QUNXIANG

DCCC 972/2024

[2025] HKDC 1086

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 972 OF 2024

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

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

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

REASONS FOR SENTENCE

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

1.  The Defendant pleaded guilty to Charge 2 (burglary[1]), as to Charge 1 (burglary[2]) is now ordered to be left on the court’s file and not to be proceeded with without the leave of the Court.

Summary of facts of Charge 2

2.  The incident took place on 25 May 2024.

13: 45 pm

3.  PW1 called the police when she noticed signs of illegal entry to the premises.

14:50 pm

4.  The police arrived and found the Defendant was inside Room A, the following items were found from the Defendant:-

(a) 4 gold bracelets and 2 pendants (total $1,000);

(b) One pair of gloves and one screwdriver.

5.  PW1 confirmed that the stolen properties belonged to her late mother who used to live in Room A of the Ground Floor in No 56.

6.  Another pair of gloves and screwdriver were found inside the Defendant’s sling bag.

7.  Upon initial enquiry, it was found that:-

(a) the Defendant entered G/F of no 54 by following a resident and found that it was under renovation;

(b) he then climbed over the common wall and entered into ground floor of no 56.

8.  The Defendant was then arrested, he said under caution that:-

(a) he used the screwdriver to pry open the glass of the transom window and climbed inside the premises to steal;

(b) he intended to use the gloves and screwdriver as tools for the purpose of burglary, but he did not use.

Criminal record

9.  The Defendant has one previous conviction in 2022 for possession of dangerous drugs.  He was sentenced to DATC and was discharged in April 2024.

Background of the Defendant

10.  The Defendant is 39 years old, he was divorced with an adult daughter.  He lived alone and was unemployed at the time of his arrest.  Previously, he worked as a casual worker earning $15,000 per month.  His plan after his release from prison is to look for his previous employer to re-employ him.

Sentence

11.  The usual starting point for domestic burglary committed by a first time offender of full age is 3 years’ imprisonment.

12.  In mitigation, it was submitted on his behalf that:-

(a) he committed the offence alone;

(b) the value of the stolen properties (about $1,000) were not substantial;

(c) the skills employed by the Defendant was not very sophisticated/professional as he used simple tools;

(d) the Defendant admitted the offence under caution;

(e) no resident came across the Defendant in either Room A or Room B.

13.  On the other hand, according to the case of Cheng Wai Kai CACC 338/2007 the defence accepted that there are aggravating features in the present case:-

(a) there was some degree pf premeditation/planning as he had tools with him;

(b) the Defendant committed the present offence just one month after his discharge from DATC.

14.  As such, the notional starting point of 3 years should be enhanced by 6 months to reflect the aggravating factors.

15.  The sentence arrives at 3 years 6 months, given 1/3 discount, it comes down to 28 months.

16.  That is 2 years and 4 months imprisonment.