HKSAR v. MANDEEP SINGH

DCCC 1088/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL ACTION NO 1088 OF 2016

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REASONS FOR SENTENCE

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Charge

1.  The defendant pleaded guilty to one charge of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, Chapter 210 of the Laws of Hong Kong. 

2.  The particulars of the charge are: the defendant on the 9^th day of September, 2016, in Hong Kong, having entered as a trespasser part of a building known as Flat 601, 6^th Floor, Man Wah Building, No 2‑24, Man Wui Street, Yau Ma Tei, Kowloon, stole herein one mobile phone, one stamp, eight watches, three pens and one torch.

Fact

3.  In the early morning in question, the defendant managed to enter the residential building and eventually sneaked into the flat on the 6^th floor.  Having taken the properties from the flat and while he was on the way leaving the building on the ground floor, he was stopped by the police.  The properties were recovered from his handheld bag.

Mitigation and record

4.  The defendant is 37 years old.  He came from India to Hong Kong about 10 years ago and since is a so-called CAT claimant.  He has been convicted in Hong Kong on two occasions, one of which involved a theft charge for which he was sentenced to 3 months’ imprisonment.

Sentence

5.  Because of the fact that the flat in question was kept by the owner for almost a year as a storeroom and it was what the defendant has particularly targeted, perhaps knowing that the chance of any resident being there is highly unlikely and accordingly chance of resistance would be minimal, the usual domestic-burglary punishment starting point of 3 years’ imprisonment is not adopted but instead 30 months is adopted.  Giving the defendant full one-third discount for his timely plea, this court sentences him to 20 months’ imprisonment.