Opinion | Time for Hong Kong’s courts to get tough on burglars?
Maximum penalty for the offence is 14 years in jail, but courts have for years adopted far lower sentencing standards
Burglary is always a serious crime, causing public concern. It can be particularly distressing for the victim, with personal loss allied to a sense of violation and insecurity. If the victim actually confronts the burglar, particularly at night, the whole experience can be utterly traumatic.
Although the maximum sentence for burglary is 14 years’ imprisonment, the courts, for many years, have adopted far lower standard sentences. For a burglary committed by an adult first offender in domestic premises, a starting point for sentence of three years’ imprisonment is applied. If such a person commits a burglary in commercial premises, the offence is treated less seriously, with the customary sentence starting at 2½ years’ imprisonment.
These sentences may, however, be adjusted upwards or downwards, depending on the aggravating or mitigating factors.
A domestic burglary may, therefore, be treated more seriously if, for example, it involves an occupied home at night, is carefully planned, targets the elderly, the disabled or the sick, has a traumatic effect on the victim, is committed by a professional burglar, is accompanied by vandalism or wanton injury to the victim, involves goods of high value, or if the offender is part of a gang.
Sometimes outside gangs come to Hong Kong to target the homes of the affluent, which always aggravates offence seriousness.
A commercial premises burglary is likewise aggravated if, for example, there is a concerted gang entry, if force is used to enter the premises, if it is well-planned and large-scale, if high-value items are stolen, or if the offender has previous convictions.
