HKSAR v. Cheung Tsang and Another

DCCC295/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 295 OF 2012

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Reasons for Sentence

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1.D1 and D2, you have both been convicted after trial of the charge that you both jointly face, that is of attempted burglary, contrary to section 11(1)(a) and (4) of the Theft Ordinance and section 159G of the Crimes Ordinance. You have been convicted on overwhelming evidence which consisted in the main of evidence of observation by a team of officers from the intelligence units of New Territories South.

2.You two entered into a joint enterprise with the man named in the charge, Chiu Chiu, to burgle the premises of the Kwong Tai Medicine Company in Ma Tau Wai Road, To Kwa Wan.  You, D1, were the driver of the vehicle who transported D2 and Chiu Chiu to the scene, and you, D2, were the lookout whilst Chiu Chiu was the person assigned to break into the premises.  Indeed, Chiu Chiu was caught red-handed whilst in the act of cutting the padlocks of the iron grille, frustrating this burglary.

3.Both of you are 44 years of age, both married, each with one daughter.  You both have previous convictions.  You, D1, do have previous convictions for dishonesty, but this is your first burglary related offence.  You, D2, do have three previous convictions for burglary, the last of which was now some eight years ago. 

4.Your respective counsel are correct, the proper starting point for burglaries of non-domestic premises is one of 2½ years’ imprisonment.  I do not propose to differentiate between the two of you in terms of sentence.  Neither in your case, D2, do I propose to enhance the starting point to take account of your previous record of burglaries.

5.In relation to each of you, you will each be sentenced to a term of 2½ years’ imprisonment.