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DCCC35/2010
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 35 OF 2010
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| Date: |
17 February 2010 at 3.12 pm |
| Present: |
Mr Stewart Hau, SPP of the Department of Justice, for HKSAR
Mr Yeung Lung-sang, of Rowdget W Young & Co., for the Defendant |
| Offence: |
Burglary (入屋犯法罪) |
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Reasons for Sentence
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1. Defendant, you have pleaded guilty to a single charge of burglary, contrary to section 11(1)(a) and (4) of the Theft Ordinance, Chapter 210, Laws of Hong Kong, the particulars being that you on 1 November of 2009 entered the Cheung Fat Restaurant at the ground floor of Fanling Centre, Fanling with intent to steal.
2. The Summary of Facts which you have admitted are straightforward and indicate that when the restaurant manager returned to the restaurant after it had closed in the evening of 1 November, he found the rolling shutter to be closed but not locked. After he gained entry to the restaurant, he found you wearing a face mask and holding a brown paperbag. You rushed out of the storeroom, saying, “Give me a chance. Give me a chance.” You fled out of the restaurant with the manager giving chase and you were eventually intercepted by the police.
3. In a subsequent record of interview conducted by the police, you admitted the offence and told the police that whilst you were searching the drawers and the cash register you were interrupted by the store manager, so you fled empty-handed and tried to make good your escape.
4. You have a number of previous convictions, including four for burglary and two for attempted burglary. Your last conviction was indeed for an offence of burglary in 2004 when you were sentenced to a term of 20 months’ imprisonment.
5. I am told by your counsel that the reason you committed the present offence was for financial reasons. You found yourself short of money as you had lost your job in March of 2009. So in order to relieve your financial hardship, you resorted to the commission of the present offence.
6. The conventional starting point for burglaries of non-domestic premises is a sentence of 2 and a half years’ imprisonment. I see no reason to depart from that starting point and indeed do adopt 2 and a half years as my starting point. The only realistic mitigation put forward on your behalf is your plea of guilty, and I will give you credit for that by discounting the starting point of 2 and a half years by one-third. You will go to prison for 20 months.
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H H Judge Geiser |
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District Judge |
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