HKSAR v. Wong Ching Sim

DCCC1383/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1383 OF 2010

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Before: Deputy District Judge A. Yuen

Date: 27 January 2011 at 10.30 am

Offence:  (1) Burglary (入屋犯法罪)

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Reasons for Sentence

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1.You have pleaded guilty to one count of burglary.

2.Facts revealed that on 11 November last year, at around 9.35 pm, the shop in question, that is this 168 Gallery, was closed with the roller shutter halfway down.  PW1, the proprietor of the shop, had placed his shoulder bag containing items specified in the particulars of the charge at a place near the entrance.

3.Defendant, you took the chance and sneaked into the shop and took the shoulder bag away.

4.However, you were arrested later on the same evening, with all the stolen items recovered.

5.This case involves burglary into a non-domestic premises and the tariff for this kind of offence is one of 30 months’ imprisonment.

6.However, in this case, it is more akin to sneak theft than burglary, and therefore, this court will take a lower starting point.

7.After considering the facts of this case, your background and the mitigation put forward by your counsel, I will take 21 months as a starting point.

8.Because of your plea, I will reduce it to 14 months.