HKSAR v. Yau Chi Keung

Case No.DCCC 891/2010

Court

District Court

Date10 Sep 2010

Judge—

Case Document

100%

DCCC891/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.891 OF 2010

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	HKSAR
	v.
	YAU Chi-keung

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Before:

Deputy District Judge A Yim

Date:

10 September 2010 at 11:53am

Present:

Mr William SIU, PP, of the Department of Justice,for HKSAR
Mr CHEUNG Bing Keung, of Messrs Peter Cheung & Co., assigned by the Director of Legal Aid, for the defendant

Offence:

(1) Burglary (入屋犯法罪)

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Reasons for Sentence

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The defendant was charged for one count of burglary contrary to section 11(1)(b) and (4) of the Theft Ordinance, Cap.210.

The defendant pleaded guilty and admitted the facts, he is convicted accordingly.

Facts

At about 0340 hours on 10 July 2010, the defendant used a ladder placed near the gate of the warehouse in question to climb into the premises and stolen therein. The defendant had a torch with him to facilitate his stealing inside the dark warehouse. He stole a number of items as stated in the charge; the total value of the stolen properties is $2208.80. All the stolen properties were recovered.

This is a case of non-domestic burglary; I consider the appropriate starting point to be 30 months.

Mitigation

The defendant aged 51, divorced with 2 children both are now independent. He has 20 previous conviction with 9 related to dishonesty. He was unemployed at the material time. He intends to settle in mainland in the future.

The defendant entitled to 1/3 discount for his plea, I do not consider there to be any mitigating factor call for further deduction.

Order

The defendant is sentenced to 20 months imprisonment.

	(A. Yim)
	Deputy District Judge