HKSAR v. Wong Ching Lung

DCCC 57/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 57 OF 2014

____________

____________

REASONS FOR SENTENCE

1.Wong Ching Lung you have pleaded guilty to one charge of burglary of domestic premises, contrary to section 11 of the Theft Ordinance, Chapter 210.

2.In summary in the afternoon of the 7 December last year you burgled the home of Madam Lau Kit Ying in So Kwun Wat Village, in Tuen Mun by breaking into a window at the back of the home.  You then searched the rooms of the home taking a watch, some cash, a wallet and a Hong Kong Jockey betting account card. 

3.Although you had pressed the doorbell and believed nobody was at home Madam Lau and her granddaughter-in-law were in fact at home.  When they realised you were breaking into their home they called the police.

4.The police arrested you in the home when they found you wearing gloves and carrying a black rucksack inside which were tools you used to break into the home.  Under caution you admitted committing the burglary. 

5.In passing sentence I have carefully considered everything said on your behalf by Mr Chan including that you are truly remorseful and now wish to start a new life after serving many periods of imprisonment.    

6.The correct starting point for a single burglary of domestic premises committed by a first offender of full age where there are no aggravating or mitigating features is 3 years imprisonment (see Attorney General v Lui Kam Chi [1993] 1 HKC 215).

7.You are properly to be regarded as a persistent offender having multiple convictions for offences of dishonesty, including two for burglary in 2002 and 2010.  You last appeared in Kowloon City Magistracy in August 2012 when you were sentenced to a total of 12 months imprisonment for four offences of theft.  I note you were released from that sentence in March of last year.    

8.In the circumstances by reason of your persistent offending I increase the starting point by 6 months to 3 years and 6 months imprisonment.  Giving you full credit for your plea of guilty you are convicted and sentenced to 2 years and 4 months imprisonment.