HKSAR v. LEE CHAK KIN

DCCC 1473/2024

[2025] HKDC 1060

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1473 OF 2024

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REASONS FOR SENTENCE

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1.  The Defendant pleaded guilty to a charge of pickpocketing .

Summary of facts

2.  On 11 September 2024, at about 4:45 pm, PW1 was shopping outside Hoi Bou Supermarket with her daughter in law and granddaughter, she made payment by taking out her wallet which contained various cards, HK$2,903.50 and RMB49.50.

3.  She then put her wallet back into her backpack and forgot to zip it up.

4.  At 4:50 pm, the police officer saw the Defendant put his left hand into PW1’s backpack and took out PW1’s wallet and kept it to himself.

5.  The Defendant was immediately intercepted and arrested.  The wallet was recovered from the Defendant.

6.  The Defendant admitted committing the offence.  CCTV footage also captured the incident.

Criminal record

7.  The Defendant has a long list of criminal records since 1981 to 2023 with 36 conviction records, among them are gambling and drugs offences.  Others included 9 offences of theft and attempted theft.  His last conviction was also a pickpocketing offence, of which he was sentenced to 14 months imprisonment.  He was released in July 2023.

Background

8.  The Defendant is 69 years of age, educated up to primary 3.  His ex-wife died in 2023.  They have 2 adult sons with distant relationship.  He lives alone in a public housing unit, the Defendant has stopped working 4 years ago as his physical condition has deteriorated due to a stroke in 2021.  He has removed part of his stomach as he suffered from gastric ulcer.  He relied on CSSA of HK$4,700 per month to support his living.

9.  In his own letter, the Defendant expresses remorse and decides to stop taking dangerous drugs.  He wishes to spend his life quietly with his family in Guangzhou as he is approaching 70 with a weak body.

Sentence

10.  The maximum penalty is a 10 years’ imprisonment.

11.  As stated in HKSAR v Ngo Van Huy CACC 107/2004, the starting point of 12 to 15 months for pickpocketing after trial is appropriate.

12.  In determining the starting point, the sentencing court needs to take into consideration of the facts of the case including the circumstances of the theft, the value of property stolen, the age/vulnerability of the victim and the modus operandi employed by the Defendant.

13.  I also need to avoid double counting by taking matters later to be considered as aggravating factors.

14.  In the present case, PW1 was an old lady (67 at the material time)  who forgot to zip up her backpack, as such, it was easy for the Defendant to take her wallet from the backpack.  The wallet contained her ID card, home return permits, Octopus cards and cash.  Those personal cards have significance to PW1 as she needs to travel back to China from time to time.  The lost of the ID cards and Home return permits (including her grandchildren’s ones)  would have caused her a great of convenience.

15.  As such, I considered that a starting point of 15 months is appropriate.

16.  On the other hand, there are aggravating factors in the present case to justify the increase of the starting point:

(a)  The Defendant has a long list of appalling record and he committed the present offence just 14 months after his release from prison, his last conviction was also a pickpocket offence.

(b)  The offence was committed in a crowed area at about 4:45 pm when most housewives are going about in their daily shopping in a market.

17.  Against this background, I enhance the starting point by 6 months.

18.  The total sentence arrives at 21 months (15 + 6):

(a)  starting point is 15 months;

(b)  enhance by 6 months for his criminal record/crowded place.

19.  The Defendant is entitle to 1/3 discount, the sentence comes down to 14 months.

20.  The Defendant is ordered to serve a period of 14 months’ imprisonment.