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DCCC 1516/2024
[2025] HKDC 1506
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1516 OF 2024
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HKSAR |
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V |
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ZULFIQAR |
Defendant |
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| Before: |
Deputy District Judge Bernard Chung |
| Present: |
Mr Wong Hin Sun, Jack, Public Prosecutor, for HKSAR |
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Mr Tang Yin of Messrs S K Wong & Co, assigned by the Director of Legal Aid, for the Defendant |
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REASONS FOR SENTENCE
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1. The defendant ZULFIQAR (D) pleaded guilty before me to a single Charge of “Theft”, contrary to section 9 of the Theft Ordinance, Cap. 210. Particulars of Offence stated that on 22 September 2024, at outside No. 58 Kimberly Road, Tsim Sha Tsui, he stole 1 iPhone, 1 wallet, 1 credit card, 3 bank cards, 1 Home Visit Permit, 1 HKID Card, 1 monthly ticket of ferry service, 1 Octopus card, 1 membership card and cash HKD 410 from CHU Ting-pong (“CHU”).
Facts
2. The facts of the case as admitted by D are simple and straight forward. At around 5:30 am on 22 September 2024, CHU was drunk after attending a pub and laid on the ground outside No. 58 Kimberly Road. D approached and took the properties as mentioned in the Charge from CHU’s trousers’ pockets, and immediately fled from the scene. This was witnesses by a police officer patrolling nearby.
3. The police officer managed to intercept D and found the said properties of CHU on him. He was arrested and under caution he admitted the offence.
Defendant’s Backgrounds and Mitigation
4. D is 54 years old, born in Pakistan on 20 February 1971. He came to settle in Hong Kong with his family in 1990. He is married with 3 children but his wife had separated from him since his current arrest, so that he has not fixed place of abode at the moment. He had not received any formal education and used to work as a security guard and driver but was unemployed at the time of his arrest, relying on CSSA for his living. He has 18 previous convictions for 19 offences, 11 of which were similar to the present offence while the others were mainly DD related. His last conviction came on 18 July 2023 when he was sentenced to 12 months imprisonment for an offence of “Theft”.
5. Mr TANG representing D submitted in mitigation that the offence committed by D was opportunistic, it was not premeditated. He submitted that the circumstances of this case are akin to pick-pocketing. D was fully co-operative with the police upon arrest, the stolen properties have been recovered with no loss or inconvenience caused to the victim. Citing HKSAR v Ngo Van Huy[1] , Mr TANG submitted that apart from D’s poor record, there is no other aggravating feature in the case. He invited the Court to consider a starting point of no more than 21 months and accord the usual 1/3 discount to D for his timely guilty plea.
Sentence
6. I accept that offence was opportunistic, it was not premeditated. It so happened that D came across the victim who was lying on the ground in a public place due to over-consumption of alcohol. The properties stolen were not particularly valuable and had been recovered without causing any loss or inconvenience to the victim.
7. I agree with Mr TANG’s submission that it was more like a case of pick-pocket with no other aggravating features except D’s appalling criminal records.
8. Having taken all relevant factors into consideration, I adopt 15 months as the starting point, increase by 6 months to 21 months for D’s previous similar records. He is entitled to the full 1/3 discount for his guilty plea.
9. For the offence D is facing, he is sentenced to 14 months imprisonment.
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( Bernard Chung ) |
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Deputy District Judge |
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