HKSAR v. KONG TING CHAN

DCCC899/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.899 OF 2010

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HKSAR
v.
KONG Ting-chan

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Before:

Deputy District Judge A Yim

Date:

28 September 2010 at 09:32 am

Present:

Ms Lisa GO, PP, of the Department of Justice, for HKSAR
Mr LOU Lok Kuong Damy, of Messrs Edward Lau, Wong & Lou, assigned by the Director of Legal Aid, for the defendant

Offence:

(1) Burglary (入屋犯法罪)

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Reasons for Sentence

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The defendant was charged for burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, Cap.210.

The defendant pleaded guilty and admitted the facts, he is convicted accordingly.

Facts

Between 10 May 2010 and 11 May 2010, the defendant prized open the sliding door of a hut situated on the rooftop of a building usedfor storage of files and miscellaneous items. The defendant entered as a trespasser and stole the items as stated in the particularsof the offence therein, the total value of the items are $3680.

The victim statement confirmed that the hut in question is an office. I taken this as a burglary of non-domestic premises, and I considerthe appropriate starting point to be 30 months.

Mitigation

The defendant aged 33, lives with his girlfriend and they have a daughter aged 6. The defendant has 14 previous conviction with 1related to dishonesty. The defendant used to work as a transportation worker earning 10,000 per months. His girlfriend, daughterand his mother all depend on him.

The defendant indicated that he wants to make restitution to the victim, for this I adjourned the case for him to make the paymentinto court, however, no payment was made.

The defendant entitled to 1/3 discount for his plea. I do not consider there to be any mitigating factor call for further deduction.

Order

The defendant is sentenced to 20 months imprisonment.

(A. Yim)
Deputy District Judge