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DCCC1291/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1291 OF 2011
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HKSAR |
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v. |
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Au Yeung Kwok-chai |
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Date:
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10 January 2012 at 10.51 am
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Present:
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Mr Winston Chan, SPP of the Department of Justice, for HKSAR
Ms Tang Ka-yiu, of Messrs Fung, Law & Ng, assigned by the Director of Legal Aid, for the Defendant
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Reasons for Sentence
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1. Defendant, you have pleaded guilty to a single charge of theft, contrary to section 9 of the Theft Ordinance, Cap.210, Laws of Hong Kong, the particulars being that on 18 October of last year at the Lai Wan Market in Lai Chi Kok, Kowloon, you stole a wrist chain belonging to a Madam Sung Yu-ying.
2. The Summary of Facts which you have agreed with establish that in the mid-morning of the date in question, whilst the victim, an 83-year-old lady, was waiting to buy meat from the market, you placed a newspaper over her forearm and used a clamp to remove a wrist chain from her right wrist.
3. The victim was clearly unaware of quite what was going on, but felt suspicious and pushed you away and immediately noticed that her chain was missing. Fortunately, an alert passer-by saw what happened and he saw you dropping the clamp onto the ground. He also found the victim’s chain on the ground. This very public-spirited citizen intercepted you and reported the matter to the police.
4. You are 51 years of age, unemployed and in receipt of comprehensive social security assistance. I also understand that you are a drug-dependant. You have an appalling criminal record, predominantly for thefts for which you have 10 previous convictions and five previous convictions for attempted theft.
5. Very little has been put before me by way of mitigation, save for your plea of guilty for which I will give you due credit. Whilst not actually pick-pocketing, the circumstance of this offence I find to be not entirely removed. No doubt the market would have been quite crowded at this time of the day. You attempted to disguise what you were doing by utilising the newspaper and your victim was an elderly woman, someone that I have little doubt you deliberately preyed upon.
6. In the circumstances, I consider the appropriate starting point to be one of 18 months’ imprisonment. I propose to increase that starting point by 3 months’ imprisonment due to your past history of committing thefts which I consider to be an aggravating feature, coming to 21 months’ imprisonment.
7. I will discount this sentence by one-third to reflect your plea of guilty, arriving at a sentence of 14 months’ imprisonment.
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H H Judge Geiser
District Judge |
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