HKSAR v. Tang Wan Cheung

DCCC195/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 195 OF 2011

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Reasons for Sentence

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1.I have convicted the defendant of three charges of attempted burglary after trial. I gave full details in my verdict for my findings and I do not propose to repeat them.

2.I found the prosecution able to prove beyond reasonable doubt the defendant attempted to burgle three homes next door, all in very close proximity to each other.

3.To recap, PW1, the main prosecution witness, a police officer, watched the defendant acting suspiciously, by which he meant the defendant was looking around and through gates and doors.  He was found to be wearing gloves and holding a small torch.  At one stage he shone the torch up the back of a house.  He then tried gates to see if they were unsecured.  

4.I was sure these acts were more than merely preparatory and he was caught in the act of attempting to burgle these domestic premises.

5.The defendant has a poor criminal record, 9 previous convictions, all of which are either burglary or attempted burglary.  The defendant was released from custody for his last conviction in October 2009.  The defendant can rightly be described as a repeat offender, a recidivist.  

6.There is no strong mitigation Mr So could put forward on the defendant’s behalf. 

7.Normally a domestic burglary would attract a 3 year starting point if there were no aggravating factors. 

8.The fact these three offences are attempted burglary and not actual burglary is of little consequence where sentencing is concerned.  The starting point will remain the same.   

9.The fact the defendant is a habitual offender and a recidivist is a factor I can and will take into account.

10.Defendant, please stand up.  I will take a starting point of 3 years but I will increase it by 4 months to factor in what I consider an aggravating factor.  I see no reason for any discount to this starting point.

11.For each charge, and you face three, I sentence you to 3 years and 4 months’ imprisonment, all to be served concurrently.  That is a total of 3 years and 4 months.

Please refer to CACC256/2011 for the relevant appeal(s) to the Court of Appeal.