HKSAR v. Sha Kai Lun

DCCC1157/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1157 OF 2010

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Reasons for Sentence

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1.Sha Kai-lun, you have been convicted on your own pleas of four counts of burglary - Charges 1, 2, 3 and 5. The offences all occurred either in May or in August this year.

2.The burglaries in May, which are the subject of Charges 1 and 2, were committed four days apart.  Both occurred in Reclamation Street in Yau Ma Tei, in different premises occupied by the same company.  You broke into both premises by prising open the door after the doors had been secured for the night.  From the first premises you stole $20,000, and in the second, a digital camera.

3.The two burglaries in August, which are the subject of Charges 3 and 5, were committed eight days apart in different premises in Nathan Road.  In each of the premises you prised open the door to gain entry.  The premises that are the subject of Charge 3 were commercial premises, where you stole a video camera and a still camera valued at about $23,000.  The premises that are subject of Charge 5 were a Gymnastic Association, where you stole $5,000 in cash.

4.On 28 August this year you were arrested by the police.  You were interviewed by them on several occasions and you admitted these offences.

5.Insofar as Charge 1 is concerned, your fingerprints were found on the inner part of the metal door of the premises.

6.I am prepared to regard all these premises as commercial premises.

7.As Miss Chan will have informed you, the normal starting point for a first offender who burgles commercial premises is 2½ years’ imprisonment.

8.You are not, however, a first offender.  You are a man of 31 years of age with a very poor record.  In the past, you have been convicted for six offences of dishonesty.  Three of those offences were robbery and two of them were burglary-related offences.

9.For that reason I am satisfied that a starting point of 3 years’ imprisonment is appropriate on each of the four charges you face.

10.Insofar as Charges 2, 3 and 5 are concerned, I am prepared to give a discount of 3 months to reflect the fact that they only came to the attention of the police through your own admission.

11.I have considered everything that has been urged on me by Miss Chan on your behalf.  I have also considered the letter that has been submitted to the court setting out the reason why you say you committed these offences.  As you will know, if it is true that you were the victim of theft, that does not justify you yourself resorting to dishonesty.

12.I have also read the other two letters that have been submitted to me from people who are prepared to assist you turn over a new leaf.  I very much hope you are sincere when you say that once you are released on this occasion you intend to rehabilitate yourself.

13.You have pleaded guilty, thereby indicating your remorse and accordingly, you are entitled to the usual discount of one-third.

14.The sentences I am passing on each charge are as follows:  Charge 1 is 24 months’ imprisonment; Charge 2, 22 months; Charge 3, 22 months; and Charge 5, 22 months’ imprisonment.

15.I have considered the question of totality and, in my view, the appropriate overall sentence in your case is one of 3½ years’ imprisonment.

16.I accordingly order that 6 months of the sentences on Charges 2, 3 and 5 shall run consecutively to the sentences on Count 1 and to each other, making a total of 3½ years’ imprisonment.