HKSAR v. Iu Wai Shun

DCCC1269/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1269 OF 2011

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Reasons for Sentence

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

2.The facts have been fully recited in my reasons for verdict.  I need not repeat them here, save to say that you were seen by police around 3 o’clock in the morning entering the subject premises by climbing up to a hoarding and gaining entry through the window and emerging 40 minutes or so later on, carrying a plastic bag which contained items that you stole from inside these premises which was under demolition at the time.

3.You are 32 years of age, of no fixed abode and, as I am aware from evidence given at trial, a street sleeper.

4.You have an appalling criminal record for burglaries and thefts:  six for burglaries or attempted burglaries, and five for thefts.

5.The amount of times that you have been convicted of offences of this nature, I find to be an aggravating feature.

6.The normal starting point for burglaries of non-domestic premises is one of 2½ years’ imprisonment.

7.I do adopt that as my starting point, but due to the aggravating feature that I have identified, I will increase that starting point by 6 months to one of 3 years’ imprisonment.

8.You are sentenced to 3 years’ imprisonment.