HKSAR v. Mong Hoi Ming

DCCC532/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 532 OF 2010

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Reasons for Sentence

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1.Defendant, you pleaded guilty to a single offence of burglary, contrary to sections 11(l)(b) and (4) of the Theft Ordinance, Cap.210. You admitted the Brief Facts and I convicted you.

2.The facts were as follows. No. 1007 Canton Road, Mong Kok, was under renovation with a scaffold erected on the wall of the building. At about 12.30 pm on 16 February of this year, Zhen Yuling, PW1, left her home at Room 1 on the 3rd floor. At about 1.30 pm Lau Yip-chung, PW2, saw a male in an orange jacket climbing down the scaffold. He claimed to be looking for something. PW2 then saw him enter a flat on the 3rd floor through the window. The police were informed.

3.PW2 asked his son, PW3, to keep an eye on the man. Following PW2’s instructions, PW3 went to the 3rd floor. He saw the male trying to leave through an iron gate. PW3 pushed against the gate to prevent the male from escaping. The male then went into a room near the gate. At this stage he was still wearing the orange jacket.

4.PW2 remained at home, saw the male climb out of the same window wearing a black jacket. The male then climbed down to the courtyard. The police then arrived and arrested you. Under caution, you admitted stealing the jacket from the 3rd floor. Later PW1 identified the black jacket to be her property which had been inside the premises.

5.You admitted to 8 previous convictions on 7 different occasions. You had one similar offence which you were sentenced to a period of 2 years’ imprisonment.

6.Mr Ng entered limited mitigation on your behalf. He told me you are 31 years of age, single and you were unemployed at the time of the offence. You committed this offence due to financial pressure. He rightly pointed out that there were no aggravating features attaching to the offence. He emphasized your plea of guilty. He also read out a letter from you in which you expressed your remorse and asked for leniency.

7.I turn now to the sentence. I accept there are no aggravating features in this case. Quite simply, this is a case which calls for the adoption of the tariff. Therefore, I take a starting point of 3 years’ imprisonment reduced to 2 for your plea of guilty. You will go to prison for 2 years.