HKSAR v. Nguyen Van Lap

DCCC1099/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1099 OF 2011

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Reasons for Sentence

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1.The defendant has pleaded guilty today to one count of burglary.

2.In the middle of the night on 15 August the defendant entered a school as a trespasser.  This school in Tuen Mun was clearly under renovation, it being the summer holidays. 

3.The facts are very simple.  The defendant was seen in the early hours of the morning riding a bicycle with stolen property and tools on his bicycle.  He was stopped by the police and questioned.  He tried to convince the police that he had stolen the items from a vehicle nearby.  The police could not find this vehicle that the defendant referred to.  He was arrested for theft and cautioned.  Upon caution, he repeated that he had stolen the items from a vehicle.  Obviously the defendant knew that theft from a vehicle is less serious than a burglary offence. 

4.The defendant’s lie was uncovered later that morning when the school discovered the burglary and made a police report. 

5.Total value of the items stolen added up to about $25,000. 

6.The defendant does not have a good record.  He has similar convictions as well as other convictions for offences of dishonesty.  His last conviction for burglary is in the year 2000, 11 years ago. 

7.Defendant’s best mitigation today is his plea of guilty.  He is accepting responsibility for his wrong.

8.I have heard defendant’s background and full mitigation.  He is not in full-time employment and was in financial difficulty which is why he committed this offence.  The outside of this school is covered in scaffolding which would have made it very easy for the defendant to climb up and break in.  He could not resist the temptation and committed this offence. 

9.I will take into account that the normal starting point for a burglary of a non-domestic premises where there is no aggravating or mitigating factors is 2 years and 6 months.

10.I have taken into account the facts of the case, the mitigation put forward and the defendant’s plea as well as the value of the items stolen.  I will take a starting point of 2½ years and give the defendant a discount of 10 months for his plea of guilty. 

11.Defendant, please stand up.  Ultimately, you will for this charge serve a sentence of 1 year and 8 months.