HKSAR v. Zeng Xianzhe

DCCC232/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 232 OF 2009

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Reasons for Sentence

1.The defendant pleaded guilty to two charges before me.  One is attempted burglary and the 2nd charge is illegal remaining.

2.The summary of facts said that PW1 and his family lived at House 32, Rolling Hills, Yuen Long.  At about midnight on 3 February 2009, PW1 heard a loud bang and the anti-burglary alarm of the house was activated.  PW1 found the door on the rooftop was forced open.  Later, PW2 and the police arrived.  They found the defendant was hiding on the rooftop.  Under caution, the defendant admitted that he was hungry and had no money, he just intended to get some food and money.  Upon search of the defendant, he could not produce any proof of identity.

3.In a record of interview, the defendant admitted that he sneaked to Hong Kong on 31 January 2009.  He climbed into PW1’s house to steal food and money.  He did not have any travel document to come to Hong Kong.

4.The prosecution told me that he has a clear record.  In mitigation, I am told that he is 18 years old, came to Hong Kong to earn some more money and stayed in the hillside of Lok Ma Chau for two nights before he committed the present offence.  In respect of his background, he lost his father when he was seven.  At the same time, his mother left him and his disabled brother who also has psychological problem.  He went to work in Shenzhen in order to make a living but he suffered injury on his finger during his employment.  He lost his job and became a street sleeper.  No doubt, he comes from a very humble and unfortunate background but in Hong Kong there are leading authorities for all the charges that he is facing now.

5.In the case of Lui Kam Chi [1993] 1 HKC, that a proper starting point for a case of domestic premises burglary, even committed by a first offender, is 3 years and in respect of the 2nd charge the authority of So Man King held that a sentence of 15 months after plea.  In Tong Fuk Sing the court held that for burglary charges and illegal remaining charges, the sentence should be served consecutively.

6.Having considered all the authorities and the mitigating factors before me, I adopt a starting point of 3 years in the 1st charge and reduced to 2 years to reflect your guilty plea, and charge 2, I impose the sentence of 15 months and in view of your young age, I further allow 5 months to run concurrently to charge 1 and 10 months consecutively to charge 1.  Your total sentence is 2 years 10 months.