HKSAR v. ZHANG XINFAN (ALSO KNOWN AS CHEUNG SUN FAN, CHEUNG SAN FAN AND MO YIK FAI)

DCCC 917/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 917 OF 2016

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REASONS FOR SENTENCE

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Charge and facts

1.  The defendant pleaded guilty to one charge of burglary of non-domestic premises which took place at the "above-station" construction site of Nam Cheong MTR station, Sham Shui Po, Kowloon ("the Construction site")

2.  At about 740 hours on 8 August 2016, a security guard of the Construction site (PW1) was on mobile patrol and noticed the Defendant acting furtively with a bag held on his shoulder and walking outside the Construction Site. When PW1 was trying to make enquiry with the Defendant, he immediately dropped the bag and attempted to flee. Before long, he was caught by PW1 and there was found from his bag 89 pieces of copper pipes.  The copper pipes were later confirmed to be property belonging to Chun Lee Engineering Co Ltd, worth a total of HK$4,000, having been stored inside the Construction site.

3.  Upon arrest and under caution, the Defendant admitted that he had climbed into the Construction side and picked up the copper pipes from the 2^nd floor. He then climbed out from the site in a similar way and got caught by PW1. He stole the pipes because he had no money for food.

4.  The Defendant entered Hong Kong on 8 August 2016 as a two way permit holder. He was permitted to stay in Hong Kong until 15 August 2016.

Mitigation

5.  The defendant was born in China, aged 46, married with 2 young children aged 6 and 16.  The defendant worked as a carpenter in mainland and came to Hong Kong on this occasion as a two-way permit holder.

6.  I note that the defendant committed the present offence on the first day he arrived at Hong Kong, however, I am not treating it as an aggravating factor.

Sentence

7.  It is well established that the appropriate starting point should be 2½ years' imprisonment for a single offence of burglary of non-domestic premises by a first offender of full age in circumstances unattended by either particular aggravation or particular mitigation.

8.  I accept that the defendant was acting alone and the operation was not a well-planned or sophisticated one. The value of the stolen property cannot be regarded as substantial.

9.  Having considered all the circumstances, I take usual starting point of 2 years and 6 months' imprisonment as the starting point.  The only effective mitigating factor is his plea of guilty, for which he will get a one-third reduction of his sentence.

10.  The defendant is therefore sentenced to 20 months' imprisonment.