HKSAR v. Mohammed Hafiz

DCCC1394/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1394 OF 2009

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Reasons for Sentence

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1.Defendant, you have been convicted after trial of a single offence of burglary, contrary to section 11(b) of the Theft Ordinance, Chapter 210, Laws of Hong Kong.

2.You entered the victimised premises at Room 2, Rear Block, 1st Floor, No. 96, Cheung Sha Wan Road, Sham Shui Po sometime in the afternoon between 1 pm and 3.30 pm on 28 October 2009 and stole jewellery belonging to PW1. The gold earrings and necklace you pawned for a sum of HK$1,400 later the same day.

3.The offence is aggravated by the fact that you knew the family that lived there. On your own evidence, you had been to the premises between 8 to 10 times prior to the offence and you were a friend of PW2. By committing this offence, you had breached the friendship and trust that PW1 had placed in you.

4.You are 26 years of age and single, and prior to the commission of the present offence, you had a clear criminal record in Hong Kong. You have been here, I am told, since 2003.

5.The normal starting point in respect of domestic burglaries for a first offender of full age is one of 3 years’ imprisonment in the absence of any aggravating factors. I have already indicated, however, that in the present case there is the aggravating factor of a breach of trust. Due to this, I propose to increase the normal starting point by 6 months to reflect this. Accordingly, you will be sentenced to 3 and a half years’ imprisonment.