HKSAR v. Chen Zhenbang

DCCC 121/2020

[2020] HKDC 580

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 121 OF 2020

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Reasons for Sentence

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

2.On 18 December 2019 before 12:40 pm, the Defendant entered 12th Floor, a building under construction, Construction site of M+ Museum, Museum Drive, West Kowloon Cultural District, West Kowloon, Kowloon (the “Location”).

3.At the material time, the Defendant was wearing uniform of the construction company and had with him a safety helmet, a cutter and a pair of gloves. He was not a staff of that construction site and he was not authorized to enter the Location.

4.At around 12:40 pm on 18 December 2019, a construction worker of the construction site (Mr. Tsang, “PW2”) saw the Defendant walking around furtively at the Location and later saw the Defendant put his hand into the waist bag of another construction worker (Mr. Lin, “PW1”) who was taking a nap at the time. PW2 shouted at the Defendant whereupon the Defendant tried to flee, but was subdued.

5.Under caution, the Defendant stated that he was not authorised by anyone to enter the construction site, and did not know the construction workers involved.

6.At the material time, the Defendant, having entered as a trespasser part of a building known as the Location, attempted to steal therein.

Sentencing considerations

7.The sentencing guidelines suggest 30 months’ imprisonment for a first offender of full age who commits a burglary on non-domestic premises (R v Wong Man [1993] 1 HKC 80).  This sentence already includes a certain degree of planning (HKSAR v Sim Ka Wing CACC 450/2000).   

Mitigation

8.The Defendant is 55 years of age, of primary school education level in China.  He had a record for assault occasioning actual bodily harm in 2002. 

Sentencing the Defendant

9.The costume (of site uniform and helmet) and tools (of cutter and gloves) reflect that it was a premeditated impersonating entry into the premises.  I take a starting point of 30 months.  As there is no property lost, I reduce it to 27 months.  I give him a one-third discount for his plea of guilty.  The sentence is 18 months.