HKSAR v. Lam Chi Wai

DCCC 783/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 783 OF 2014

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REASONS FOR SENTENCE

1.Lam Chi Wai you have pleaded guilty to one charge of burglary, contrary to section 11 of the Theft Ordinance, Chapter 210.

2.In summary in the early hours of the 26 May last year together with another male you burgled a watch shop in the Sha Kok Shopping Centre in Shatin.  Wearing a mask and gloves you used a hammer to smash the display window of the shop and stole 22 watches valued at around $30,000.  Under caution you admitted committing the burglary. 

3.In passing sentence I have carefully considered everything said on your behalf by Mr Tse.  You are presently serving a DATC order imposed in July last year.  I note that you say the offence was committed because you needed money for your drug addiction and that having served DATC you are now determined to quit your drug habit.

4.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.  I have considered the case of HKSAR v Tsang Leung Kwan & another CACC 368/2002 cited by Mr Tse, the facts of which have some similarities to the present case.

5.In my view there are aggravating features justifying an increase in the starting point.  These are the commission of the offence by two or more persons and that the offender has previous convictions(see HKSAR v Cheng Wai Kai CACC 338/2007). 

6.Although you have no previous convictions for burglary you have appeared in court on thirteen occasions, having convictions for dishonesty, drugs and violence.  Furthermore the burglary was committed within two months of your last discharge from prison and whilst on police bail for the drug offences in TWCC 1744/2014.   I am satisfied you are a persistent offender.

7.Taking into account these two aggravating features I am satisfied that the starting point of 2 years and 6 months should be increased by 6 months to 3 yearsimprisonment. Giving you full credit for your plea of guilty you are convicted and sentenced to 2 yearsimprisonment.