HKSAR v. LO TAI YAU

DCCC1179/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1179 OF 2008

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Reasons for Sentence

1.  The defendant has been convicted on his plea of one charge of burglary, committed on 12 November last year.

2.  He entered a residential building which is under construction in Western District in the very early hours of the morning under cover of darkness and went up to the rooftop of the building.  He stole two rucksacks that he found there and also five electric saws and one electric drill, all of which he put into the rucksack.  He was wearing gloves and a face mask.  After he left the 30th floor of the building he saw police officers approaching so he placed the rucksacks on the staircase of the building and fled.  A police officer chased him and intercepted him and the defendant admitted under caution that he had stolen this property and he led the police officer to the staircase and showed him where the rucksacks containing the stolen property were, so all the stolen property has been in the event recovered.

3.  The facts of the case were all admitted by the defendant in interviews with the police.  He has co-operated very fully with the police.

4.  The well-established starting point for burglary of commercial premises is 2½ years’ imprisonment after trial and I can see no reason to depart from that.  That is the starting point that I adopt.  In return for his plea of guilty and his full co-operation with the police he is entitled to the normal one-third discount, which discounts the starting point to 20 months’ imprisonment.  In all the circumstances, I discount that by a further 2 months’ imprisonment. 

5.  I impose a sentence of 18 months’ imprisonment on the defendant.