HKSAR v. Lee Chak Keung

DCCC1189/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1189 OF 2008

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Before:   Deputy District Judge W.C. Li

Date:     10 February 2009 at 3.21 pm

Offence:  Burglary (入屋犯法罪)

Reasons for Sentence

1. Yes, defendant, please rise.  I have heard your counsel and despite his effort there is not much that could really be said on your behalf. 

2. This is not a case for probation.  Although you have a drug problem and people from Operation Dawn are here in court, very eager to help you, but unfortunately this is not a case for probation.

3. You were charged with burglary and you pleaded guilty to the charge.  CCTV camera captured you in the amusement game centre.  You stood on a stool outside the cashier office and leaned your upper body into the cashier office via a gap in the ceiling, and from this intrusion you were able to take two baskets of coins from the cashier office.  From your action it is definitely pre-meditated.  The coins and the two baskets that were stolen were found on you by a police officer upon search.

4. The premises is non-domestic premises.  If it is domestic premises the imprisonment term would be much longer. 

5. You had 17 previous, none for burglary, although you had four for theft. 

6. The starting point for non-domestic burglary is 2½ years and this sentence could be increased if there is aggravation.  I do not think there is aggravation here so I will start off with 2½ years.  On your plea you will get one-third discount.  You are therefore sentenced to 20 months' imprisonment.