HKSAR v. WONG SAI NAN

DCCC1182/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1182 OF 2010

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Reasons for Sentence

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1.  You have pleaded guilty to one count of burglary and one count of failing to surrender to custody without reasonable cause.

2.  Facts revealed that between 18 March 2006 and 20 March 2006, the Bank of Communications Building was undergoing renovation, and scaffoldings were erected outside the building.

3.  On the early morning of 20 March 2006, the alarm system of the building was activated.  Subsequent enquiries found that the toilet windows of Flat 1201 had been broken, but nothing was stolen in it.

4.  Bloodstains were found on the wall near the broken toilet window.  DNA analysis of the bloodstains found that it belonged to you.

5.  In 2008 you were arrested for the offence of burglary.  You were brought to Kowloon City Magistrates’ Court and was granted bail on condition that you had to return to court on 30 April 2008.

6.  You, however, jumped bail.

7.  Eventually you were intercepted in Mongkok in September this year.

8.  The guideline for burglary into a non-domestic premises is one of 2½ years.  There is nothing in this case suggesting to this court that I should depart from this guideline.

9.  In sentencing you, I will also take into consideration the totality principle.

10.  For the burglary charge, I will take 2½ years as a starting point.

11.  Because of your plea, I reduce it to 20 months.

12.  For the second charge, I will take 3 months as the starting point.

13.  Because of your plea, I reduce it to 2 months.

14.  This is to run consecutively to the sentence of the 1st charge, making a total of 22 months.