HKSAR v. Wong Kong

DCCC406/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 406 OF 2009

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Before:   Deputy District Judge Tallentire

Date:     29 May 2009 at 11.56 am

Offence:  Burglary (入屋犯法罪) 

Reasons for Sentence

1. Defendant, you have pleaded guilty to a single offence of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, Cap.210.

2. The facts were as follows.  PW1 lived at No. 91B, Kap Pin Long Village, Tan Cheung Road, Sai Kung.  At 3.30 pm on 11 October last, his sister left the premises secured.  At 11.45 am the next day, PW1 and his family returned to the premises but were unable to open the door with the key.  Therefore, PW1 climbed through a window and found the door had been tampered with.  On checking, he found some drinks, a packet of noodles, cooking utensils and a pair of black training shoes were missing.  The drinks and noodles were later recovered from a vacant room on the 2nd floor.  Some noodles were found inside a cooking pot.  Police were called.  Various items were seized from the room, and fingerprints were lifted which matched yours.

3. On 29 December last, you were arrested at Lai Chi Kok Detection Centre and, presumably, subsequently charged. 

4. You admitted to two previous convictions and one subsequent conviction.  These convictions show you have in fact committed four offences, one of which was similar.  Currently, you are 18 months’ imprisonment imposed on 7 April last.

5. Mr Cheung could say little in mitigation on your behalf.  He stressed your plea of guilty and your co-operation with the police.  You are 29 years of age.  Both of your parents are dead.  I am told that you have a twin brother with a heart condition and that you provide funds for medical assistance.  Mr Cheung also told me that the reason you burgled these premises was out of hunger.

6. Whilst you do have a previous similar conviction, I could see no reason to depart from the normal sentence.  The normal and usual sentence for burglary of a dwelling house is a period of 3 years’ imprisonment.  I took that sentence as a starting point, reduced it to 2 years for your plea of guilty.  I could find no reason why this sentence nor any part of it should be anything other than consecutive to your existing sentence.  Therefore, you will go to prison for 2 years consecutive to your existing sentence.