HKSAR v. YAU CHI WAI

DCCC 1320/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1320 OF 2010

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HKSAR
v
Yau Chi Wai

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Coram:

HH Judge S. T. Poon

Date:

12th January 2011

Present:

Ms. Chan Sze Yan of the Department of Justice for HKSAR.
Mr. Law Pui Lung of Messrs Eddie P.L. Law &Co for Defendant.

Offence:

Attempted burglary, contrary to sections 11(1)(a) and (4) of the Theft Ordinance, Cap 210 and section 159G of the Crimes Ordinance, Cap. 200.
企圖入屋犯法罪,違反香港法例第210章《盜竊罪條例》第11(1)(a)及(4)條和第200章《刑事罪行條例》第159G條。

.

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Reasons for Sentence

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1. The Defendant pleads guilty to 1 count of Attempted Burglary.

2. On 29th September 2010 the Defendant was found tampering with the lock of the door to a shop in Mongkok at odd hours. He was interceptedby the police officers and found in possession of a pair of gloves and a torch. Under caution, he admitted that he was trying toopen the lock and steal from the shop.

3. The Defendant is 34 years old and single. He has 26 previous convictions with 24 related to theft and 2 of which is burglary.

4. I have considered the mitigation advanced by Mr. Law, solicitors for the Defendant. There is no mitigating factor apart from hisguilty plea.

5. As it involves non domestic premises, I adopt a starting point of 30 months’ imprisonment. Taking into account the guilty plea,the Defendant is sentenced to 20 months’ imprisonment.

S. T. Poon
District Judge