HKSAR v. Choy Wai Shing

Case No.DCCC 1186/2010

Court

District Court

Date09 Mar 2011

Judge—

Case Document

100%

DCCC1186/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1186 OF 2010

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

	HKSAR
	v.
	Choy Wai-shing
----------------------

Before:

H H Judge Longley

Date:

9 March 2011 at 10.03 am

Present:

Miss Lilly Wong, PP, of the Department of Justice, for HKSAR
Mr Davies Oliver Howell, instructed by Wong & Co., assigned by the Director of Legal Aid, for the Defendant

Offence:

Burglary (入屋犯法罪)

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

Reasons for Sentence

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

1.Choy Wai-shing, you have pleaded guilty to a charge of burglary.

2.The burglary took place shortly after 7 am on 13 September last year in a restaurant in Pilkem Street in Yau Ma Tei.

3.The restaurant was not yet open for business. The chef had returned to the restaurant earlier and had partially left open the roller shutter.

4.You took advantage of this to sneak inside and steal a collection box for the Society for the Prevention of Cruelty to Animals, which was placed inside the restaurant. The box contained $65.60.

5.You were seen coming out of the restaurant holding the box and a report was made to the police.

6.I have been told by Mr Davies that you had just been released from prison after serving the sentences that were imposed on you on 11 March 2009.

7.It has been said that you committed this offence because you were short of money and were awaiting receipt of public assistance.

8.As you are aware, a temporary shortage of money does not justify offences of dishonesty.

9.As I am sure you are also aware, the normal starting point for a first offender who commits burglary in commercial premises is 2½ years’ imprisonment.

10.You are not a first offender. You have 52 previous convictions, two of which are for burglary and 20 of which relate to offences of dishonesty.

11.The courts are, however, prepared to adopt lower starting points in the case of an opportunistic burglar; that is, somebody who takes advantage of open premises to sneak in and steal.

12.I am satisfied that your offence falls into that category.

13.Taking into account all the circumstances, including your previous history, I am adopting a starting point of18 months’ imprisonment in this case.

14.I discount that by one-third to reflect your plea of guilty and sentence you to 12 months’ imprisonment.

	P.K.M. Longley
	District Court Judge