HKSAR v. Kwan Kam Cheung

DCCC 34/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 34 OF 2012

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Reasons for Sentence

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Chargesand facts

1.The defendant pleads guilty to 2 charges of burglary.  Charge 1 relates to Room A of the rooftop in December 2010 whereas Charge 2 relates to Room A of the 7^th floor in June 2011 of the same 14-storeyed industrial building in Tai Kok Tsui.  The occupants had secured the doors before leaving but only returned to find them forcibly manhandled.  He made off with a quantity of electrical appliances, metal tools and wares worth $54,800 and $35,000 respectively. 

2.His fingerprints were found in the locations.  In November 2011, after arrest and caution, he admitted the burglaries.  He had spent all proceeds from the spoils.  He was a part-time maintenance worker in Room C, 7^th floor of the same building. 

Personal background and mitigation put forward

3.He is now 38 years of age.  He is a plumbing and electrical technician.  He is married but his 2 children are in China, taken care of by his wife and family members.  He has several previous convictions including theft and robbery but no recent recurrence. 

4.His solicitor submits that there is little prior planning.  I see no evidence to the contrary. 

Sentencing guidelines for non-domestic premises

5.In R v Wong Man [1993] 1 HKC 80, the Court of Appeal said that the proper starting point for non-domestic premises would be 2 ½ years’ imprisonment for a first offender of full age (as per Macdougall JA) as explained in HKSAR v Sim Ka-wing, CACC450/2000.

Sentencing this defendant

6.I take a starting point of 2 ½ years each.  I reduce it by one-third for his pleas of guilty.  The sentence is 20 months.  By totality, I order 6 months of Charge 2 to run consecutively to Charge 1.  The overall length is 26 months.