Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Non-domestic burglary

  • 7 Sept 2021

    HKSAR v. LUI CHO YIU

    Citation
    [2021] HKCA 1233
    Court
    Court of Appeal
    Case number
    CACC48/2021

    The sentencing judge properly increased the 30-month starting point by 9 months given the aggravating features and the applicant's extensive dishonesty and burglary record; after full plea discount and an additional one-month reduction for age the resulting sentence of 2 years 1 month was within a proper range and not reasonably arguable as excessive, therefore leave to appeal against sentence is refused.

  • 28 Oct 2016

    HKSAR v. MONKHOR GANTUGS

    Citation
    HKSAR v. MONKHOR GANTUGS
    Court
    Court of Appeal
    Case number
    CACC178/2016

    The judge correctly adopted a higher overall starting point (54 months) for six separate non-domestic burglaries committed over six months involving targeted, high-value personal property; after allowing a one-third discount for guilty pleas the effective sentence of 36 months was not manifestly excessive and therefore leave to appeal against sentence was refused.

  • 28 Jul 2011

    HKSAR v. CHAN KONG YIU

    Citation
    HKSAR v. CHAN KONG YIU
    Court
    Court of Appeal
    Case number
    CACC359/2010

    Given the offender's status as a professional/serial burglar with multiple aggravating features (sophisticated planning and tools, international conspiracy, very high value of stolen property, prior similar convictions and substantial property damage) the tariff starting points were inadequate; the Court increased the starting points (burglary to 3 years => 28 months after one-third guilty plea discount; conspiracy to steal to 5 years => 40 months after discount) and ordered appropriate consecutive portions so the aggregate sentence of 68 months imprisonment reflected the gravity of the offen…