HKSAR v. Matriano Jonathan D

DCCC 707/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 707 OF 2012

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Reasons for Sentence

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Charge and facts

1.The defendant is convicted after trial of the burglary of a restaurant, Sumac, in Central.  The proprietor had locked up Sumac after business but returned a few hours later only to find signs of ransacking and the loss of a cash register with $2,500 cash in it.  A fingerprint of the defendant was found on a knife in the kitchen.  He last worked there 7 months ago for a week.  The lost property could not be recovered.        

2.The defendant was arrested for burglary almost a year after when he applied for a liquor licence.  Under caution, he remained silent.

Personal background and mitigation

3.He is now aged 39.  He was born in the Philippines.  He attained high school level.  He has a family in Hong Kong, comprising his wife and 3 children aged between 5 and 16.  He has been a cook since he arrived in Hong Kong.  He has 1 conviction for theft in 2003.     

Sentencing guidelines

4.In R v Wong Man [1993] 1 HKC 80, the Court of Appeal suggested 2 ½ years as the starting point for non-domestic premises for a first offender of full age, as later affirmed in HKSAR v Sim Ka-wing, CACC 450/2000.

Sentencing this defendant

5.I take 2 ½ years as the starting point. In the absence of any mitigating factors, this is his sentence.