HKSAR v. Kokhar Muhammad Akram

DCCC 141/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 141 OF 2009

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BETWEEN

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Coram: H.H.J. Li, Chief District Judge

Date of Judgment:  19 March 2009

Prosecution: Mr. Michael Tsang, Public Prosecutor representing HKSAR

Defence: Ms. Lynda Shine, barrister, instructed by Messrs. Jal N. Karbhari & Co.

Charge: Burglary (入屋犯法罪)

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Reasons for sentence

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1.The defendant pleads guilty to one count of burglary [1].

2.AT about 5:10pm on 29/12/08, a police officer was patrolling on the rooftop of a building at No. 31-33 Hau Wong Road. He saw the defendant dismantling an iron gate on the rooftop of the adjacent building. The officer climbed over to the adjacent rooftop and arrested the defendant. Under caution, the defendant admitted that he wanted to dismantle the iron gate for re-sale. He also admitted bringing along a screwdriver and took an iron bar in the vicinity. The owner of the rooftop confirmed that he had not permitted the defendant to enter the rooftop and the iron gate belonged to him.

3.The defendant is 36. He has four previous convictions and was unemployed prior to the offence. He was sentenced to 4 months for theft in August 2008. He committed the present offence about 6 weeks after his release. The defendant married twice in Hong Kong and had two daughters, age 7 and four months respectively. He came to Hong Kong in 1997. He started taking ‘ice’ three years ago and was a drug addict.

4.The defendant claims that prior to the offence, he heard sounds of a baby crying. He thus went up to the rooftop to take a look. He knelt down and prayed there. He then started dismantling the iron gate. Both psychiatrists confirmed that the defendant was suffering from drug-induced psychosis with visual hallucination and delusion. The condition is in remission. He was treated at the outpatient clinic of West Kowloon Psychiatric Centre. He was on medication. Both psychiatrists opined that the defendant is fit to plead. Although the defendant denied having intention to commit any offence in the two psychiatric reports, he confirms through his counsel today that he accepts the brief facts. He admits that he took a screwdriver to the scene and dismantled the iron gate.

5.I have considered the circumstances and the mental condition of the defendant at the time of the offence. I do not think his psychosis contributed to the offence. He was fully aware what he was doing and even took a screwdriver with him for dismantling the iron gate.

6.I have taken into consideration the letter submitted by the defendant today. The defendant promises to comply with the medication. He pleads for leniency. Given his background, there is no strong mitigating factor. The rooftop was a domestic premises. I take three years as the starting point. I deduct one year for his plea. I sentence the defendant to two years imprisonment.

[1] Contrary to s. 11(1)(a) of the Theft Ordinance, Cap. 210.