HKSAR v. NGUYEN VAN THU

  DCCC1383/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1383 OF 2009

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Reasons for Sentence

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1.  The defendant has pleaded guilty to one charge of attempted theft.  He has admitted the facts of the case and I have convicted him of that offence.

2.  The attempted theft took place on 4 November 2009 when the first prosecution witness was shopping at a market in Canton Road in Mongkok.  He saw the defendant following the eventual victim.  The defendant was seen to stretch his right hand into the right pocket of the jacket worn by the victim.  The defendant was immediately intercepted.  No loss was suffered by the victim.  The defendant has agreed he was attempting to steal from the victim.

3.  The defendant’s antecedents statement shows that he is a 41-year-old man, born in Vietnam, and I have heard in mitigation that he came here as a “boat” person.  Although the defendant is medically fit, he is a drug addict.  He is unmarried and lives alone.

4.  The defendant has a large number of previous convictions.  He has a total of 30 previous convictions, 18 of which are for theft.  The defendant has been sentenced to terms of imprisonment and also for treatment in a Drug Addiction Treatment Centre.  The defendant has been sentenced to up to 15 months’ imprisonment for theft described as pick-pocketing.

5.  In the last few years, the defendant has been convicted on a number of occasions for theft, or attempted theft.  In 2002 he received a 10 month sentence of imprisonment; 2003, a 12 month sentence of imprisonment; 2004, a 15 month sentence of imprisonment; in 2005, a 12 month sentence of imprisonment; and in 2007, a 12 month sentence of imprisonment, all for theft described as pick-pocketing.

6.  In mitigation, I have heard that the defendant in fact now suffers from heart disease and has been hospitalised.  He was born in Vietnam, he is now aged 41, came to Hong Kong as  a “boat” person aged 19 in 1987.  He lived in a camp until coming out in 1988.  He has written a mitigation letter and asks for leniency.  He says he is remorseful.

7.  The most important factors in sentencing are that this is a pick-pocketing offence; that it was committed in a public and crowded place, namely a market place; and that the defendant is a persistent offender, which illustrates the failure of sentencing so far to deter the defendant’s criminal behaviour; and also of course the defendant’s remorse and his plea of guilty. 

8.  I will calculate the starting point for sentence as follows.  Normally such sentence in a pick-pocketing case a starting point would be 15 months’ imprisonment.  I shall add 9 months’ imprisonment for the defendant’s recidivism for his persistent offending and a further 3 months for the fact that the pick-pocketing offence took place in a market place which is a public and crowded place.  This gives an overall starting point for sentencing at 27 months’ imprisonment.

9.  The defendant is entitled to a one-third discount for his plea of guilty.  I will deduct 9 months’ imprisonment from the total. 

10.  This gives a final sentence of 18 months’ imprisonment, and that will be the sentence I will impose.