HKSAR v. Yeung Kit

DCCC 474/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 474 OF 2011

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Reasons for Sentence

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Charge and facts

1.The Defendant pleads guilty to burglary of a domestic unit in Sai Kung. The occupier found her bedroom window prized and a host of personal items worth $62,000 in total missing.  Two days later, the Defendant was arrested.  All stolen items were recovered.  Under caution he admitted acting as a lookout at the bus stop opposite to the unit to cover his accomplice who entered and stole from the unit. 

Personal background and mitigation put forward

2.The Defendant is 45 years of age.  He was educated up to P4.  He has been a part-time construction site worker since 2008.  He is a divorcee with a daughter aged 20.  He is trying to repair relationship with her.  His mother is over 70 years, visited with various senile illnesses.  He has 9 previous convictions but none for burglary. 

Sentencing guidelines

3.In R v CHAN Yui Man, CACC 36/1988, the Court of Appeal has established 3 years as the proper starting point for burglary of domestic units applicable to a first offender of full age.

Sentencing this Defendant

4.There can be no distinction in culpability between the actual burglar and the lookout.  Joint enterprise in terms of division of labour is an aggravating factor.  I would have taken a higher starting point if joint enterprise had been borne out by evidence other than his own admission.  I now take 3 years and 3 months as the starting point.  One-third off for the plea of guilty, the sentence is 2 years and 2 months.