HKSAR v. Li Ka Fai

DCCC896/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 896 OF 2010

----------------------

----------------------

-------------------------------

Reasons for Sentence

-------------------------------

1.The defendant has pleaded guilty to a charge of burglary.

2.The particulars are on 9 July 2010 he entered premises on the 2nd floor of No. 5 Garden Road, North Point, and stole therein a large quantity of property.  The total value was $4,220.

3.The occupier of the premises rented a bedroom at the flat at 5 Gordon Road.  He left the flat at 7 o'clock on 9 July, having locked the main gate of the flat.  He returned at 9.30, saw the defendant inside the flat, and the defendant fled via the kitchen balcony and climbed through the transom window to reach the rear staircase.  The victim and the watchman of the premises chased the defendant all the way to Victoria Park, and two uniformed police officers were there patrolling.  And the defendant was arrested.

4.When he was arrested he had with him a sling bag in which was the property the subject of the charge.  The defendant had apparently entered the flat through a transom window, and the flat had been ransacked. 

5.The defendant has appeared in court on 23 previous occasions.  He has been convicted of 40 offences, 20 for theft and 5 for burglary.  His last two convictions were for burglary.  In 2007 he was sentenced to 2 years, and in 2008, 20 months, 16 months of which was ordered to run consecutive.  He was released from prison on 12 November.

6.I am told the defendant is now 35, born in Hong Kong and educated to Form 1 standard.  He has previously worked as a cleaning worker.

7.Little can be said in mitigation in this case. He is a recidivist.  He has been in trouble for criminal offences since he was 15.  Sadly, he is now married with a pregnant wife in China.

8.The usual starting point for this offence is 3 years.  The only mitigation is the guilty plea.  I adopt the starting point of 3 years and sentence the defendant for 2 years. 

9.The defendant obviously intent on this life of crime.  He has been fairly fortunate today.  If he re-offends the sentence will, be increased because these two-year sentences do not seem to act as a deterrent on him.