HKSAR v. Tang Yiu Man, Kenneth

DCCC 1169/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1169 OF 2013

____________

____________

______________________________

REASONS FOR SENTENCE

______________________________

1.Tang Yiu Man you have pleaded guilty to one charge of burglary of the Buddhist Kok Kwong School, contrary to section 11 of the Theft Ordinance, Chapter 210 and one charge of possession of apparatus fit and intended for the inhalation of a dangerous drug, contrary to section 36 of the Dangerous Drugs Ordinance, Chapter 134.

2.In summary in the early hours of the 14 November last year you were seen by a security guard climbing over the stone fence wall of the school and entering the main building from the rear staircase.  The police were called and you were arrested when walking from the 4thfloor to the 3rd floor.  I am told the 14 November was a school day although you were found in the upper part of the building which was unoccupied at the time.

3.PC 3031 found a screwdriver and a pair of pliers in the left pocket of your trousers and PC 5749 found white labour gloves, cutting pliers, hinge scissors and a pipe cutter in your backpack.  Under caution you said you climbed into the school intending to find something to sell. 

4.After you were arrested a house search was conducted at your home at which time DPC 8444 found a plastic bottle containing a glass tube and traces of ice.  Under caution you admitted this was for inhaling ice. 

5.Although part of the building was occupied I am satisfied the school is properly to be regarded as non-domestic premises. The correct starting point for a single burglary of non-domestic premises committed by a first offender of full age where there are no aggravating or mitigating features is 2 years and 6 months imprisonment.

6.In passing sentence I have carefully considered everything said on your behalf by Mr Ho.  You were clearly equipped with various tools to assist in the burglary.  This in certain circumstances can amount to an aggravating feature of sentence in particular considering you have not long been released from prison having served a 20 month sentence for burglary.

7.On the other hand the burglary was committed in the day time when the school was occupied indicating little, if any planning.  As Mr Ho points out had you known the school was occupied at the time you would surely have waited until the evening to commit the burglary.  I also accept the submission that with one conviction for burglary you cannot be regarded as a persistent offender.  In these circumstances I am satisfied a starting point of 2 years and 6 months imprisonment is appropriate.  Giving you full credit for your plea of guilty you are convicted and sentenced to 1 year and 8 months imprisonment. 

Possession of apparatus fit and intended for the inhalation of ice

8.Taking into account you have not been before the court for drug offences since 1997 I am satisfied a starting point of 3 months imprisonment is appropriate.  Giving you full credit for your plea of guilty you are convicted and sentenced to 2 months imprisonment.

9.The drugs charge is entirely separate and distinct from the burglary charge for which a consecutive sentence is appropriate.  This makes a total sentence to be served by you of 1 year and 10 months imprisonment, which I am satisfied properly reflects your criminality on the two charges.