HKSAR v. Yip Wai Kau

DCCC1344/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1344 OF 2010

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a charge of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, Cap. 210, Laws of Hong Kong.

2.The particulars being that you, on 14 November of last year, entered as a trespasser part of a building, being the 9th Floor, 16 Granville Circuit, Tsim Sha Tsui, Kowloon, and stole a necklace which, it is agreed, was worth some $3,000.

3.The summary of facts, which you have agreed, indicate that at about 6 o’clock in the evening when the occupier of these premises returned home from work, he found you in the living room. He asked who you were, you tried to escape but were intercepted by the occupier, and the police called. When the police rang the doorbell, you freed yourself and fled the premises, but were finally intercepted at the staircase between the 7th and 8th floors. You admitted to the police that you had committed the burglary because you could not find a job. Upon a search of your person, the gold necklace, amongst other things, was found.

4.You are 64 years of age, unemployed, but, I am told, able to scrape a living by collecting discarded rubbish and reselling it. You have a very bad record for dishonesty, some 28 previous convictions in all, many of which are for burglary. I do note, however, that your last conviction was now some 14 years ago in 1997. Nevertheless, your poor criminal record is an aggravating feature and something that I must take into account in sentencing you.

5.The proper starting point for a first offender for burglaries of domestic premises is one of 3 years’ imprisonment. However, in your case, due to the aggravating feature that I have identified, I would increase that starting point to one of 3½ years’ imprisonment. I will discount that by one-third to take account of your plea of guilty, arriving at a sentence of 28 months’ imprisonment.