HKSAR v. Kwok Pak Wa
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DCCC 243/2010 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 243 OF 2010 ------------------------------------
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--------------------------- Reasons for Sentence ---------------------------- 1.The Defendant pleads guilty to 1 count of “Attempted burglary”. 2.At 5:30 on the morning of 27th January 2010, the Defendant was found standing outside a window of a residential flat on 5/F, No.74D, Waterloo Road. He then climbed up the water pipes of the building to the roof. The Defendant was subdued by the flat owner and his son there. 3.The Defendant was arrested by the police and in a video recorded interview he admitted that he intended to gain entry into the flat to steal but was scared off by the dog. 4.The Defendant is now 59 years old. He has 13 previous convictions of which 7 are burglary. The first one was committed in 1964 and the last one in 2005. He is a drug addict. 5.The usual starting point for burglary on residential premises is a term of 3 years’ imprisonment. I can see no reason to reduce it in the present case. 6.As mentioned by Mr. Pang, solicitor for the Defendant, the only mitigating factor is his guilty plea. 7.I adopt the starting point of 3 years imprisonment for the charge. Taking into account his guilty plea, the Defendant is sentenced to 2 years imprisonment.
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