HKSAR v. Xu Mandong

Please refer to CACC359/2011 for the relevant appeal(s) to the Court of Appeal.

Case No.DCCC 672/2011

Court

District Court

Date02 Sep 2011

Judge—

Case Document

100%

DCCC672/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 672 OF 2011

----------------------

	HKSAR
	v.
	Xu Mandong

----------------------

Before:

H H Judge Geiser

Date:

2 September 2011 at 3.24 pm

Present:	Mr Alex Wong, PP of the Department of Justice, for HKSAR
	Mr Jerry Ng, instructed by Y T Chan & Co., assigned by the Director of Legal Aid, for the Defendant

Offence:

Attempted Burglary (企圖入屋犯法罪)

---------------------

Reasons for Sentence

---------------------

1.Defendant, you have been convicted, after trial, of an offence of attempted burglary, contrary to section 11(1) & (4) of the Theft Ordinance, Cap. 210 and section 159G of the Crimes Ordinance, Cap. 200, Laws of Hong Kong.

2.The circumstances of the offence are quite simply that you were seen by an officer who was performing anti-crime duty attempting to prise open the rear door of the premises in question situated at Bo Sun Court, No. 953 King’s Road, North Point.

3.The offence occurred at approximately 6.30 in the evening, and the evidence suggests that the occupier of the premises had just returned home when she heard noises coming from the back door of the premises. You were intercepted by the officer before you managed to open the door and gain entry.

4.Nothing has been put before me by way of mitigation, and indeed very little can be said by way of mitigation. You have two previous convictions, but they were committed some time ago, and I will ignore them for sentencing purposes.

5.The customary sentence for burglary of domestic premises is one of 3 years' imprisonment. I see no reason to depart from that. Accordingly you will be sentenced to 3 years' imprisonment.

H H Judge Geiser
District Judge

Please refer to CACC359/2011 for the relevant appeal(s) to the Court of Appeal.