Read the full judgment text of CACC 000362/2006 on BabelCite. This Court of Appeal judgment was delivered on 10 May 2007 before Cheung JA, Yuen JA, McMahon J.
Criminal law – burglary – sentencing – appeal – aggravating factors – prior convictions – early hours – manifestly excessive – appellant convicted on his own plea of burglary – entered flat via toilet window at early morning – security guard saw him climbing scaffolding – appellant had prior burglary conviction in same building – judge found aggravating factors – starting point 4 years – final sentence 32 months – appeal dismissed – court held sentence not manifestly excessive and prior burglary properly considered as aggravating factor – fact that nothing stolen irrelevant – HKSAR v Tong Fuk Sing [1999] 3 HKC 332 referred to – HKSAR v Ng Wai Hing [2003] 2 HKLRD 338 referred to
Legal issues: Sentencing appeal – aggravating factors
Outcome: Appeal dismissed. Sentence of 32 months' imprisonment confirmed.
Cited by 25 cases · Cites 1 case