HKSAR v. Ng Wai Hung, Billy

DCCC 1172/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1172 OF 2008

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Coram: Deputy District Judge Dufton in Court

Date of Sentence: 14 January 2009

Charge: Burglary (入屋犯法罪)

REASONS FOR SENTENCE

1.The defendant pleads guilty to one charge of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, Chapter 210.

2.In summary the defendant burgled the Krega Ayer Restaurant in Cheung Sha Wan in the early hours of the 3rd December 2007.  A safe containing $5,000 cash was stolen.  The defendant was arrested in October 2008 when he admitted committing the burglary.

3.The correct starting point for a single burglary of non-domestic premises committed by a first offender of full age where there are no aggravating or mitigating features is two years and six months imprisonment (see Attorney General v LUI Kam-chi [1993] 1 HKC 215 as applied in Attorney General v LO Ching-fai [1996] 2 HKCLR 20). 

4.In passing sentence I have carefully considered everything said on the defendant’s behalf by Mr Tsu, including that the defendant was cooperative when arrested by the police. 

5.Although the defendant has one previous conviction for burglary and other related dishonesty offences I note his last offence of dishonesty was in 1995.  I do not therefore propose to increase the starting point.  Giving the defendant full credit for his plea of guilty he is sentenced to one year and eight months imprisonment.