HKSAR v. CHAN WAI FUN

DCCC1222/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1222 OF 2011

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Reasons for Sentence

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1.  You pleaded guilty to a charge of attempted burglary. You pleaded not guilty Charge 2 and that is assaulting a police officer in the execution of his duty.

2.  This court ordered the 2nd charge to be left on court file and not to be proceeded with without the leave of the court. 

Facts of the case

3.  On 13 October 2011, on two occasions, at 1 am and 1.15 am, PW2 heard some breaking noises and saw you try to break into the store room located on the Ground Floor of Block 21 of Shek Kip Mei Estate. The store room was used by the subcontractors of the Housing Authority to keep their construction equipments.  The main gate of the store room was locked up by a padlock. 

4.  PW2 called the police who arrived quickly at the scene and found you wore a labour glove on your right hand and also held a black recycle bag and a chisel.  Two more plastic bags       and two pliers were found on you during a body search.  You were arrested for the offence of attempted burglary and you remained silent under caution. 

5.  You have 10 previous convictions, one was similar to Charge 1, in 2009.  Your last conviction was in May this year for an offence of theft of which you were imposed 2 months’ imprisonment suspended for a period of 18 months.  In another word, you committed the present offence during the period of suspension. 

6.  In mitigation I am told you are 35, married and your wife lives in China.  Your parents are in their 70s and your mother is in poor health and you need money to treat your mother.

7.  You are now very remorseful and you wish to turn over a new leaf after your discharge from imprisonment. 

8.  Having heard mitigation on your behalf, I adopt a starting point of 30 months for Charge 1, reduce to 20 months because of your guilty plea.  I also order the 2 months in KCCC1221 to be activated and that 2 months to be run consecutively to the 20 months of the present charge.  The total sentence is 22 months.