HKSAR v. Yung Bun Kar
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DCCC1048/2010 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 1048 OF 2010 ----------------------
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----------------------------- Reasons for Sentence ----------------------------- 1.Defendant, you pleaded guilty to a single offence of burglary, contrary to sections 11(1)(a) and (4) of the Theft Ordinance, Cap. 210. You admitted the brief facts, and I convicted you. 2.Briefly, the facts were as follows. At about 10.15 am, on 3 August last, PW1, a 21-year-old female, was in Room G, 7th Floor, Kiu Shing Building, 327-333 Queen’s Road West, Sai Wan, sleeping. She heard sound from outside and looked through the peephole of the main door, but saw nothing. Moments later she heard it again, something that sounded like someone trying to prize open the metal gate. Again she looked and saw a man in a pink T-shirt outside. She therefore called PW2, the owner of the premises, and she advised her to lock herself in her room. PW2 herself called the police and rushed back to the flat. 3.After PW1 locked herself in the room she heard someone coming to the address and search the room next to hers. That person tried to open the bedroom door but failed. 4.Police rushed to the flat and found you leaving the address, wearing a pair of labourers gloves and holding a screwdriver. They found the metal gate and wooden door prized open and damaged. The flat was ransacked. PW1 came out of her room, and you were arrested. 5.Under caution you admitted to burgling the flat because of gambling debts. 6.PW2 returned to the address and confirmed that nothing had actually been taken. The cost of repairs was $800. 7.In a subsequent video-recorded interview you admitted the offence. You said you searched for four to five minutes but found nothing of value. You admitted to 15 previous convictions, seven of which involved burglary or attempted burglary, though in fairness the last attempted burglary was some 13 years ago. 8.Mr Chan, on your behalf, entered mitigation. He told me that you are 51 years of age, divorced, with two teenage children, who are in the custody of your ex-wife. You are poorly educated to secondary level and suffer from ill health, being diabetic and suffering from gastric ulcers. I am told that your parents are deceased and you have a brother and sister living in the mainland. 9.You have been unemployed since January, and since June you have developed a gambling habit which has led to debts of a $150,000. These debts, in turn, led you to commit this offence. Mr Chan reminded me that nothing was actually taken. 10.I turn now to the sentence. Burglary of a dwelling house is a serious offence. In this case a young female, PW1, was put in fear by your acts, though I accept that was not your intention. You have a very poor criminal record, though I do accept your last act of burglary is some 13 years ago. Though damage was done and the flat was ransacked, nothing was actually taken. I also accept that when confronted by the police officers you were cooperative and straightforward and admitted what you had done, both upon caution and later under video-recorded interview. 11.In all the circumstances I intend to adopt the usual starting point for domestic burglary, that is 3 years imprisonment, reduced to 2 years for your plea of guilty.
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