HKSAR v. Lau Chi Chiu

DCCC326&329/2009 (CONS)

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NOS. 326 AND 329 OF 2009

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Before:   Deputy District Judge Casewell

Date: 13 August 2009 at 10.48 am

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Reasons for Sentence

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1. The defendant has been convicted after trial one offence of burglary and one offence of attempted burglary.  I would describe the burglaries to have been committed at non-residential premises. 

2. The first burglary was at an office complex at the Pamela Youde Nethersole Eastern Hospital and was chosen because it would be unattended.  The attempted burglary was at a commercial premises in the evening.  Both burglary should be treated, I believe, as commercial premises burglaries.

3. The defendant has a total of nine previous convictions and has been involved in the commission of offences since 1994.  He has in 2004 committed an attempted burglary and in 2006 in a burglary and in most recently, in 2006, the defendant received a sentence of 2 years 6 months’ imprisonment. 

4. The defendant is aged 27, has worked as a salesman, a painting worker, and most recently has been a construction site worker.  The major change in the defendant’s circumstances recently has been his marriage.  He has married a lady who comes here on two-way permits and no doubt she will be in Hong Kong permanently before long.  This obviously is a large difference in his life and will hopefully take him away from crime and into a more honest living.  I bear those factors in mind when passing sentence on the defendant, so the sentences I shall pass will be as follows.

5. On the 1st charge, the burglary at Pamela Youde Nethersole Eastern Hospital, there will be a sentence of 2 years six month’ imprisonment.  On the 2nd charge, the attempted burglary at a storeroom will be a sentence of 2 years 6 months’ imprisonment.  The offences were committed five months apart.  They obviously constitute separate and distinct offences so at least some part of the second offence must be served consecutively to that of the first. 

6. Now, I do have to bear in mind the overall totality of sentence.  What I shall do is order that 9 months of the 2nd charge run consecutively to the 1st charge and the balance of the 2nd charge run concurrently.  This will give an overall sentence of 3 years 3 months’ imprisonment for the two offences.