HKSAR v. FUNG KAI CHUNG

DCCC1215/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1215 OF 2008

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HKSAR
v.
Fung Kai-chung

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Offence: Burglary (入屋犯法罪)

Reasons for Sentence

1. Defendant, you were convicted after trial of a single offence of burglary and that was burglary of non-domestic premises.

2. In my verdict I fully dealt with the facts and I do not intend to repeat those facts.

3. You admitted to six previous convictions, five being dishonesty and one being a burglary.

4. On your behalf Mr Kwong entered mitigation. He stressed your acceptance of illicit possession of the camera. He referred me toyour domestic and employment situation. He produced to court a psychiatric report. That report spoke of certain psychiatric problemsthat do not at this point require any hospital treatment. I am told you are 30 years of age and single.

5. In sentencing you I have taken into account the mitigation advanced, the facts of the case, the nature of the case and the contentsof that psychiatric report.

6. This is a burglary of non-domestic premises. In your favour, the premises were not ransacked. Force was not used to enter thosepremises. The goods although purely fortuitously were all recovered. And from the outset you did acknowledge your illicit possessionof the camera. In addition, at trial certain facts were admitted which shortened the length of that trial. Also I take into accountthat although you have a poor record, you have been out of trouble for 11 years. I add to this that you do suffer from psychiatricproblems.

7. Please stand up. In all the circumstances, therefore, you will go to prison for 27 months.

Tallentire
Deputy District Judge

Present: Mr Alan Ng, Counsel on fiat, for HKSAR
Mr Wong Wai-chuen, Paul, of Messrs Paul Kwong & Co., assigned by the Legal Aid Department, for the Defendant

Date: 17 April 2009 at 10.23 am

Before: Deputy District Judge Tallentire