HKSAR v. YU FUSHUI

DCCC249/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 249 OF 2010

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HKSAR
v.
Yu Fushui

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Before:

H H Judge Longley

Date:

14 April 2010 at 2.43 pm

Present:

Mr Dominic Ngai, PP of the Department of Justice, for HKSAR
Mr Ip Ka-tung, of Ip Kwan & Co., for the Defendant

Offence:

Attempted Burglary (企圖入屋犯法罪)

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Reasons for Sentence

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1. Yu Fushui, stand up. You have pleaded guilty to one charge of attempted burglary. The offence took place on 30 January this year,at about 5.20 in the afternoon. You were seen by two police officers climbing up a drain pipe to the 1st floor of a village housein Ha Yeung Village in Tseung Kwan O. You were seen using a tool or tools, attempting to prise open the kitchen window of a flaton the 1st floor. The police officer shouted at you. You jumped to the ground and attempted to flee, but they ultimately subduedyou on a nearby hillside.

2. Fortunately, as a result of the police’s intervention, nothing was stolen. I have been told that there was a lady in the houseat the time, but it appears that she was not disturbed. I bear in mind that this was simply an attempted burglary, and that you didnot manage to gain entry. I also bear in mind that it happened during the daytime and that ultimately nothing was stolen.

3. But to attempt to burgle somebody’s home is a very serious offence. It violates the privacy of a person’s home. I have beentold that you have no previous convictions, but that can be of very limited significance bearing in mind that you only entered HongKong the day before and your numerous previous visits to Hong Kong had only been for very short periods.

4. I adopt a starting point of 3 years’ imprisonment in your case. The only real mitigation is your plea of guilty, and for thatyou are entitled to the usual discount of one-third.

5. I sentence you to 2 years’ imprisonment.

Longley
District Judge