HKSAR v. Leung Wing Hung and Another

DCCC604/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 604 OF 2011

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Reasons for Sentence

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1.Both defendants pleaded guilty to one count of burglary. They are jointly charged.

2.On 10 February 2011 they prised open the padlock of the iron gate securing a primary school construction site in Kowloon, and after entering the site, they also prised open the door of the storeroom therein.  They took 28 rolls of electric wires and five boxes containing 620 pieces of electrical circuit switches worth $90,720.  They also stole two trolleys from the site.  While loading these goods onto the trolleys outside the site they were seen by patrolling officers.  D1 fled but he was caught later.  D2 was apprehended immediately.

3.D1 is aged 54.  He has a number of previous convictions.  He was sentenced in court nine times before.  A few were related to dishonesty offences.  His last conviction was on 20 February 2011.  The prosecutor tells me that that theft offence was actually committed prior to the present burglary offence.  D1 had been on bail for that theft offence and during that bail period he committed the current burglary offence.

4.D2 is aged 50.  His record is actually worse. He was sentenced in court for 23 times previously.  Many were related to dishonesty acts.

5.There is not much in the personal backgrounds of both defendants for mitigation.  The strongest mitigation in their case is that they plead guilty today.

6.Defence counsel also rightly points out that despite their bad records, this is the first time they have been convicted of burglary.  Counsel also rightly points out the sentencing tariff for this kind of non-domestic burglary.  It is also true that all the stolen goods were recovered.

7.For the fact that this is the first time both defendants have been convicted of any burglary despite their rather bad records, I am not going to enhance the starting point, but if they would commit such offences again, certainly the starting point would be much enhanced.

8.On this occasion, against each of them, I adopt 2½ years’ imprisonment as the starting point.  After one-third discount for their plea of guilty, each defendant is sent to prison for 20 months.