HKSAR V.Law Chi Sum

DCCC498/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 498 OF 2011

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Reasons for Sentence

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1.The defendant has pleaded guilty to two charges of burglary, contrary to sections 11(1)(b) and (4) of the Theft Ordinance, Cap.210.

2.The facts of this case are very straightforward. There were two stone huts used as storerooms and uninhabited in a village in Tin Shui Wai.  There clearly was not much activity in or around these stone huts on a day-to-day basis.  The defendant lives in the same village and is likely aware of this.

3.On 28 November last year, the owner of the two stone huts secured the gate to the fence that surrounds these huts, as well as the huts themselves.  He did not return until one week later.   He found one hut ransacked with nothing missing and the other had items moved around the premises and he discovered three small electric heaters were missing stolen.

4.The defendant had left fingerprints on the windowpane inside this hut as well as a fingerprint on an electric heater that had been moved. 

5.Some 3-odd months later, the defendant was arrested at home.  The defendant is not a man has clear record.  He has 14 previous convictions, none relate to burglary.  The majority of his convictions are drug-related and there are several related to theft.

6.Where burglary is concerned, there are guidelines the courts should follow.  A non-domestic premises burglary will normally attract a 2½ year starting point if there are no aggravating factors.  In the authority of Cheng Wai Kai, CACC338/2007, paragraph 15, there are examples of aggravating factors.  None or nothing similar exists in this case.

7.I have heard mitigation, the defendant’s background, I have considered the facts of the case and accept that this is an opportunistic burglary of some storeroom-type stone hut premises in a rural village.  I will take a slightly lower starting point to reflect the facts. 

8.Defendant please stand up.  For each charge, I will take a starting point of 27 months’ imprisonment and I will give you a discount of nine months for your plea of guilty.  For each offence, you will be sentenced to 1 year and 6 months’ imprisonment.  Both will be ordered to be served concurrently.  That is a total of 1 year and 6 months.