HKSAR v. WOO MING ON

IN THE HIGH COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 1028 OF 1997

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J U D G M E N T

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1. This Appellant appeals against a sentence of 9 months' imprisonment imposed on him for an offence of Theft. The theft concerned the taking of a mobile phone from an unsecured light goods vehicle. Appellant had 14 previous offences 6 of which involved dishonesty, the remainder were drug offences.

2. The magistrate took into account the fact this was an offence committed on the spur of the moment, he obtained a Drug Addiction Treatment Centre report in the light of his knowledge of the Appellant's drug addiction; that report contained full details of the Defendant's personal background. The magistrate took a starting point of 12 months and reduced it to 9 months for plea. I can see nothing wrong with the starting point or the resulting sentence. I am satisfied with the magistrate took the appropriate matters into account. The appeal is dismissed.