HKSAR v. Fung Kai Chung

DCCC1215/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1215 OF 2008

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Reasons for Sentence

1.Defendant, you were convicted after trial of a single offence of burglary and that was burglary of non-domestic premises.

2.In my verdict I fully dealt with the facts and I do not intend to repeat those facts. 

3.You admitted to six previous convictions, five being dishonesty and one being a burglary. 

4.On your behalf Mr Kwong entered mitigation.  He stressed your acceptance of illicit possession of the camera.  He referred me to your domestic and employment situation.  He produced to court a psychiatric report.  That report spoke of certain psychiatric problems that do not at this point require any hospital treatment.  I am told you are 30 years of age and single.

5.In sentencing you I have taken into account the mitigation advanced, the facts of the case, the nature of the case and the contents of that psychiatric report.

6.This is a burglary of non-domestic premises.  In your favour, the premises were not ransacked.  Force was not used to enter those premises.  The goods although purely fortuitously were all recovered.  And from the outset you did acknowledge your illicit possession of the camera.  In addition, at trial certain facts were admitted which shortened the length of that trial.  Also I take into account that although you have a poor record, you have been out of trouble for 11 years.  I add to this that you do suffer from psychiatric problems. 

7.Please stand up.  In all the circumstances, therefore, you will go to prison for 27 months.