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DCCC593/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 593 OF 2011
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HKSAR |
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v. |
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Gurung Lok Bahadur |
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Date:
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18 July 2011 at 10.51 am
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Present:
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Mr Alex Wong, PP of the Department of Justice, for HKSAR
Mr Wong Yiu Tak, of S K Wong & Co., assigned by the Director of Legal Aid, for the Defendant
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Offence:
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Burglary (入屋犯法罪)
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Reasons for Sentence
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1. Defendant pleaded guilty to the charge of burglary, contrary to section 11(1)(b) & (4) of the Theft Ordinance.
2. The facts admitted were that in the afternoon of 28 April 2011, the door of a domestic premises in Yuen Long was found open and there were signs of ransack inside. The tenant went in and found the defendant just inside the kitchen. However, the defendant managed to escape but eventually caught by police officer.
3. Defendant admitted going there for stealing but someone returned and he was scare and hid himself inside the kitchen.
4. At the video recorded interview, the defendant further admitted entering the building by following the resident. He found a gap at the iron-gate and went inside and intended to steal money.
5. Defendant aged 33 years old. He had been working as a part-time butcher earning about $4,500 per month. He has 9 previous criminal convictions with five burglary offences between 1995 to 2007 where he had been sentenced from 18 months to 3 years and 4 months’ imprisonment. The last one was in 2008 of handling stolen goods and he got 14 months’ imprisonment.
6. Mr Wong for the defendant submits that the defendant was in need of money and he just took the opportunity to go in. He had no equipment with him nor had he been using any force or violence and he had pleaded guilty at the earliest opportunity.
7. Burglary is a serious offence, the usual sentence involving domestic premises is 3 years’ imprisonment. Given his many similar previous convictions, it warrants taking a higher starting point. However, considering the circumstances of the present offence and his earliest admission, a starting point of 3 years’ imprisonment shall still be adopted.
8. Upon his guilty plea the sentence is reduced to 2 years’ imprisonment. Therefore the defendant is now sentenced to 2 years’ imprisonment.
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