HKSAR v. Lai Chau Luen

DCCC56/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 56 OF 2011

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to an offence of burglary, contrary to section 11(1)(a) and (4) of the Theft Ordinance, Chapter 210, Laws of Hong Kong, the particulars being that you on 15 December of last year entered as a trespasser Shops B3 and B5, Ground Floor, Fung Cheung House, Wan Fung Street, Wong Tai Sin, with intent to steal.

2.The Summary of Facts with which you have agreed establish that the victimised premises were unattended at the time, with the rolling shutters open.  Patrolling police officers found you inside the premises at about 5.20 pm cutting electric wires from a lampshade with the aid of a pair of pliers.  When you were approached by the police, you told them that you had no money and you used the tools to cut wire so that you could resell it.

3.You are 57 years of age and have a clear criminal record.  You have pleaded guilty to this offence at the first available opportunity.  I am told by way of mitigation that you live with your younger son who gives you $50 for day pocket money, and in order to supplement your meagre income, you collect scrap metal and sell it on to recycling shops from which you can earn an extra $50 per day. 

4.Your counsel is right.  The normal starting point for burglaries of non-domestic premises is one of 2 and a half years’ imprisonment.  However, it seems to me that in the circumstances of this particular case, I can depart from that starting point to some degree.  I am prepared to do that as I accept that this offence was not premeditated by you in the sense there was no planning.  This was an opportunistic burglary in that you took advantage of these premises being open in order to see if you could find anything of value in terms of electric wires or cables for the purposes of resale.  You did not break into these premises.  In addition to this, you are past the prime of your life, now 57 years of age, and you have not re‑offended before. 

5.In the circumstances, I am going to adopt a starting point of 18 months’ imprisonment.  I will give you the customary discount of one-third to reflect your plea of guilty, arriving at a sentence of 12 months’ imprisonment.