HKSAR v. HO KING WAN

DCCC1299/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1299 OF 2011

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HKSAR
v.
Ho King-wan
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Before: H H Judge Geiser

Date: 12 January 2012 at 12.08 pm

Present: Mr Bobby Cheung, PP of the Department of Justice, for HKSAR
Mr Si Ming-yee, of Simon Si & Co., assigned by the Director of Legal Aid, for the Defendant

Offence: Burglary (入屋犯法罪)

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Reasons for Sentence

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1. Defendant, you have pleaded guilty to a single charge of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, Cap.210, Laws of Hong Kong, the particulars being that you on 10 August of last year entered as a trespasser the staff room of FoodCourt at the Tuen Mun Town Plaza and stole six gold rings, two Octopus cards and cash in the sum of HK$200 and RMB2,000.

2. The Summary of Facts which you have agreed establish that the two victims of this case were employed by Food Court who placed theirbelongings in their lockers in the staff room. When they returned later in the day to retrieve their belongings, they found thattheir lockers had been prised open and their belongings, the subject matter of the charge, had gone.

3. You were captured on CCTV entering and leaving the staff room during the relevant period. You were arrested in October and admittedto the police that you had committed this burglary as an act of revenge for earlier losing your job at this establishment.

4. You are 40 years of age, married and have a son 15 years of age. This is your first conviction relating to burglary.

5. The normal starting point for burglaries of non-domestic premises is one of 2½ years’ imprisonment. I adopt that as my startingpoint in this case but will discount that sentence by one-third to reflect your plea of guilty which is the only real mitigationthat has been put before me.

6. Accordingly, you are sentenced to 20 months’ imprisonment.

H H Judge Geiser
District Judge