HKSAR v. Cheng Kwok Chuen

Case No.DCCC 362/2017

Court

District Court

Date—

Judge—

Case Document

100%Judiciary

DCCC 362/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 362 OF 2017

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	HKSAR
	v
	CHENG Kwok-chuen

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Before:

HH Judge E. Yip

Date:

9^th August 2017 at 11:56 am

Present:

Mr IP Wai-kee, Public Prosecutor, of the Department of Justice, for HKSAR
Miss CHAN Yi Jen Candi Anna, of M/s LCP assigned by DLA for Defendant

Offence:

[1] Burglary (入屋犯法罪)

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Reasons for Sentence

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Chargeand facts

1.The Defendant pleads guilty to a charge of burglary.

2.The offence location was a shop of Pricerite, a furniture chain store in Fortune Kingswood Phase 2, Tin Shui Wai, N.T.

3.At an early hour on 23/2/2017, the security company notified the shop manager of the alarm sounding at the shop. He returned to the shop to find a blanket and a pillow, valued at $868 in total, missing and the glass door at its main entrance broken, repair cost at $9,000.

4.The police viewed the CCTV footages of the shop and the vicinity. They recorded the movement of the Defendant and the course of the burglary. He was seen to have smashed the glass door of the shop with a hammer, entered the premises, stolen a blanket and a pillow, and entered 25^th floor of Tsz Ping House, Tin Tsz Estate, Tin Shui Wai shortly afterwards.

5.He was arrested at his residence in Tsz Ping House on the following day whilst the blanket and the pillow were seized as exhibits. Under caution, he said he had committed the burglary out of impulse and due to cold weather.

6.He had also broken the glass door at the entrance of the mall, repair cost at $12,000.

Mitigation

7.The Defendant is 28 years of age, of F. 3 education level. He had 2 records for possession of dangerous drugs. He lives with his parents. They now pay $868 for the blanket and the pillow. They can have them.

Sentencing considerations

8.In A.G. v. Lui Kam-chi [1993] 1 HKC 215, the Court of Appeal states that the proper starting point for non-domestic premises shall be 2 years 6 months’ imprisonment for a first offender of full age.

Sentencing the Defendant

9.I take a starting point of 2 years 6 months. He shall have a one-third discount for his timely plea of guilty. The sentence is 20 months.

(E. Yip)
District Judge

Cites 1 case

Cases cited in this judgment

The Attorney General v. Lui Kam-chi