Read the full judgment text of DCCC 143/2016 on BabelCite. This 區域法院 judgment was delivered on 30 August 2016 before 李運騰.
Criminal law – burglary – Theft Ordinance (Cap 210) s.11(1)(a) and (4) – sentencing – starting point – residential premises – platform of residential unit – first-time adult offender – 3-year starting point established by Court of Appeal – whether offence was opportunistic – aggravating factor – abusing visitor status with two-way permit – mitigating factors – family circumstances and personal health – whether defendant showed remorse – Court held the 3-year starting point was displaced to 2 years 9 months as a more lenient starting point, reflecting that the defendant never entered the flat interior, caused no damage or loss, and stole nothing, but with an uplift of 3 months for abusing visitor status, resulting in a final sentence of 3 years' imprisonment – defendant sentenced to 3 years' imprisonment with no further reduction as the defendant did not plead guilty, showed no remorse, and family circumstances were not mitigating.
Legal issues: Starting point for burglary of a residential platform by a first-time adult offender · Aggravating factor of abusing visitor status · Whether personal and family circumstances constitute mitigating factors
Outcome: Defendant sentenced to 3 years' imprisonment for burglary.
Cited by 2 cases · Cites 4 cases