HKSAR v. Lombana Gomez Jose Harold

Case No.DCCC 165/2011

Court

District Court

Date29 Mar 2011

Judge—

Case Document

100%

DCCC165/2011

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 165 OF 2011

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	HKSAR
	v.
	Lombana Gomez Jose Harold

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Before:

Deputy District Judge A Yuen

Date:

29 March 2011 at 2.57 pm

Present:

Miss Chan Sze-yan, PP, of the Department of Justice, for HKSAR
Mr John Marray, instructed by Jal N Karbhari & Co., for the Defendant

Offence:

(1) & (2) Burglary (入屋犯法罪)

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Reasons for Sentence

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1.You pleaded guilty to two counts of burglary.

2.Facts revealed that on the two occasions, that is sometime between 30 November last and 2 December last, and on 18 May last year, you burgled into the places of abode of the two victims and stole therein their valuables, including notebook computers, silver coins, cash, etc.

3.The appellate court has set down clear guideline for this kind of offence. The starting point is one of 3 years’ imprisonment for a single count of burglary involving domestic premises.

4.In sentencing you, I take into account your plea of guilty, you have got a clear record when you commit these two offences, the totality principle, and the mitigation put forward by your counsel.

5.For the 1st charge, I will take 3 years as a starting point.

6.You pleaded guilty; I will, therefore, reduce it to 2 years.

7.For the 2nd charge, I will also take 3 years as a starting point and, because of your plea, I reduce it to 2 years, 1½ years of which will run concurrently with the sentence of the 1st charge; therefore, making the total sentence of 2 years and 6 months.

	A Yuen
	Deputy District Judge