HKSAR v. Shahid Imran Younas

DCCC 246/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 246 OF 2015

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Reasons for Sentence

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1.Defendant, I have convicted you of one charge of burglary after trial.

2.I found the home owners, PW1 and PW2, and their friend, PW3, were confronted by you, an intruder in their home, when they came back on the morning of 10 December.  You were caught red-handed by them.

3.When PW2, the wife of PW1, tried to call the police, you went for her, I assume to stop her making a phone call.  Luckily, PW1 and PW3 were quick enough to get to you before you got to PW2.  A struggle then ensued between the three of you which was obviously quite physical.  I am sure you tried to escape from the premises.  This confrontation, in my view, is an aggravating factor.

4.I accept that the back door had been burnt down, and nobody was in the premises at the time you entered, but obviously despite the damage in the kitchen, this was not an empty or abandoned home.  I am sure you ransacked the place to look for valuables.  I am sure you made a huge mess, adding to the woes of the home owners.  They not only had to deal with a fire damaging their home, making them temporarily homeless, but then walked in on you in their home.  The fact that you did not expect the home owners to return is not relevant or a consideration I attach weight to.

5.You do not have a clear record.  You have many previous convictions.  Three relate to offences of dishonesty, but you have no previous burglary convictions.  Your last conviction was in 2013 for theft, assaulting a police officer, and failure to produce an identity card.  In November of that year you were sentenced to 3 months’ imprisonment.

6.In mitigation I have been told that you are 33 years old, single; born in Pakistan, but came to Hong Kong when you were 12 years old.  You are presently unemployed. 

7.I have considered everything said in mitigation, and, with respect, do not agree that there are no aggravating factors; I identified one above.

8.It is well known that a burglary of a domestic premises will attract a 3-year starting point.  That is in the absence of any aggravating or mitigating factors.  I see no reason to depart from this guideline.  In fact, I intend to not only take 3 years as a starting point, but I will increase that by 3 months to reflect the aggravating factor that I identified.

9.Defendant, please stand up.  Having considered all the circumstances of the case and mitigation put forward, I take a 3‑year 3‑month starting point.  As you were convicted after trial, there will be no discount from the starting point.

10.Accordingly, you are sentenced to 3 years and 3 months for this offence.