HKSAR v. Au Yeung Sing
Read the full judgment text of CACC 153/1997 on BabelCite. This Court of Appeal judgment was delivered on 20 August 1997 before Power VP, Saied J, Leong J.
Criminal law – burglary – unlawful entry – sentencing – consecutive sentences – guilty plea discount – leave to appeal against sentence – Court of Appeal – New Territories village residence – deterrent sentencing. Applicant pleaded guilty to burglary of a rooftop kitchen at a village house in Sheung Shui, New Territories, and to unlawful entry, having been apprehended by villagers after stealing a knife, pliers, a Seiko wristwatch, food and clothing. Judge imposed two years on the burglary count (starting point three years less one-third for guilty plea) and 15 months on the unlawful entry count, ordered to be served consecutively. Whether the consecutive sentences were manifestly excessive or wrong in principle – held, no: sentences were proper. Court of Appeal reiterated that consecutive sentences for burglary and unlawful entry are appropriate, and that courts must not exercise leniency for such offences, as residents of Hong Kong, particularly in the New Territories, are entitled to feel safe in their homes. Deterrent sentencing serves the protective function of the courts. Application for leave to appeal refused.
Legal issues: Leave to appeal against consecutive sentences for burglary and unlawful entry
Outcome: Application for leave to appeal against sentence refused; original sentences upheld.
Cited by 7 cases
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HCA000153/1997 IN THE COURT OF APPEAL 1997, No. 153 _____________
_____________ Coram: Hon. Power, V.-P., Saied and Leong, JJ. Date of hearing: 20 August 1997 Date of judgment: 20 August 1997 _______________ J U D G M E N T _______________ Power, V.-P. (giving the judgment of the Court): 1. This applicant pleaded guilty to two charges. The first was a charge of burglary which alleged that on or about 23rd December at Sheung Shui he entered a building as a trespasser at the roof of No.32, Lane 4, Po Sheung Tsuen, and stole a knife, a pair of pliers, a 'Seiko' wristwatch and some food and some clothes. The second charge alleged that at that time he was an unlawful entrant. He was sentenced to two years on the first count, 15 months on the second and sentences were ordered to be consecutive. He now seeks leave to appeal against those sentences. 2. The admitted facts revealed that at about 3:30 a.m. on 23rd December 1996, a Mr. Yip was awoken when he heard some noise. He was the resident of House No.32, the house mentioned in the charge, and had erected a kitchen on the roof. He went up to inspect the kitchen and found that it had been ransacked. It seems that about this time neighbours saw the applicant on a roof and alerted other villages who apprehended him. They held him until the police arrived. The articles detailed in the charge were found on him or nearby and he admitted stealing them. 3. The judge properly took three years as the starting point and properly gave a one-third reduction for plea reducing that to two years. The sentence of 15 months was also a proper sentence to impose on the charge of unlawful entry. 4. This court has repeatedly said that it is proper that such sentences be made consecutive. We have also observed on a number of occasions in the past that householders, particularly those who reside in the New Territories, are entitled to retire in the evening with a feeling that their house and the property therein is safe from the sort of depredation that persons such as the applicant are committing. It would be wrong for the courts to exercise leniency in relation to offences of this type. It would be a failure to give what protection the courts can give to the residents of Hong Kong. The sentences in our view were not too severe and the application is refused.
Representation: Mr. I.G. Cross, S.C. & Mr. W.S. Cheung (D.P.P.) for the Respondent. Applicant in person. |
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