HKSAR v. Akhtar Jamshaid

DCCC 241/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 241 OF 2014

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Reasons for Sentence

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Charges and facts

1.The defendant pleads guilty to the 2 burglaries.  He was arrested by the police after committing a burglary on 29 November 2013 (2^nd Charge).  In the course of investigation he admitted the said burglary and also another burglary, which took place on 23 November 2013 (1^st  Charge). 

2.According to his admission to the police, in the burglary of 23 November 2013, he had first observed the domestic premises at Flat C, 1^st floor, Front Block, 30 Ka Shin Street, Tai Kok Tsui for a few days before action.  He had opened the metal grille and main wooden door by hands.  From a room inside the flat, he dismounted an air-conditioner and used a chopper found in the kitchen to cut the electric wire on it.  He later sold it to a recycling shop for $210. 

3.The person in charge of the recycling shop and the tenant of the premises were located by the police.  They both confirmed to be involved with the same air-conditioner.

4.In the burglary of 29 November 2013, the police had spotted him entering the building of 22 Ka Shin Street, Tai Kok Tsui furtively and leaving with a bundle of window frames.  They stopped him for enquiry.  He admitted that he had cut the window frames by a saw.  The window frames were taken from 3 vacant flats on the 3^rd and the 4^th Floors of 22 Ka Shin Street and the 3^rd Floor of 22A Ka Shin Street.  He had been to the flats for 6 to 7 times.   However, in the subsequent video-recorded interview, he said that he had picked up the window frames from the ground and had not used any instruments.  

5.22 – 22A Ka Shin Street where the vacant flats were situated had been acquired by a company for the purpose of redevelopment.  No unauthorized entry was allowed.   

Mitigation

6.The defendant is 33 years of age, an ethnic Pakistani born in Pakistan.  He had a number of convictions.  Related to burglary were 4 thefts, the last of which brought him a conviction in 2007. 

7.At the age of 11, he immigrated to Hong Kong with his father and 2 brothers.  He did not continue study in Hong Kong but idled at home or on the street since early teens.  His longest gainful employment was as a deliveryman for 2 years.  His father works as a security guard in Hong Kong. 

8.As he had been remanded at SLPC for the present case before the present hearing before me, I call for a psychiatric report on him.  The psychiatric report gave an account of his personal and psychiatric history.  He had a suicidal attempt in 2005 under psychotic influence.  He first indulged in alcohol, then cannabis and finally heroin.  He was first assessed by the SLPC presented with hearing of strange voices, paranoid and ideas of control.  On and off he received psychiatric treatment and his mental condition fluctuated.  From what can be seen as the effect of regular medicine intake administered since last 2 months, his mental condition has now stabilized.  The psychiatrist regards him as suitable to serve an ordinary prison sentence if out-patient psychiatric follow-up treatment can be arranged.  I understand the CSD has a regular system attending to such needs of the prisoners. 

Sentencing guidelines

9.In R v. Chan Yui Man, CACC 36/1988, the Court of Appeal indicated that in burglary of domestic premises, 3 years would be the proper starting point for a first offender of full age.

Sentencing present defendant

10.I take a starting point of 3 years for the 1^st Charge as it was a domestic flat but only 2 years for the 2^nd Charge as it was a domestic building in nature but, as confirmed by the prosecution, a visibly vacant building pending redevelopment at the time of the offence.  One-third off for the pleas of guilty, the sentence is 2 years for the 1^st Charge and 16 months for the 2^nd Charge.  These are separate incidents and warrant wholly consecutive sentences.  The only adjustment is by way of totality.  I order 6 months under the 2^nd Charge be served consecutively to the 2 years under the 1^st Charge.  The overall length is 2 years and 6 months.