HKSAR v. BASA ALEJANDRO SARMIENTO

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MAGISTRACY APPEAL NO. 947 OF 1997

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J U D G M E N T

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1. The Defendant appeals against the sentences imposed on him for conviction of theft. The theft related to the stealing of a rucksack from a passenger at the airport; the rucksack contained property valued at approximately $23,000.00. The Defendant was caught by an observant patron of the restaurant where the theft took place, and a police officer, who was alerted to the theft, helped in the apprehension. It was found that the Defendant had arrived as a visitor on the 4th September 1997 and this offence was committed on the 19th September 1997. The Defendant entered a plea of guilty and was sentenced to 10 months' imprisonment.

2. In his reasons for sentence, the magistrate took the view that this was more serious than an ordinary pickpocketing case both because of its damage to the reputation of Hong Kong as a tourist destination and also because of the inconvenience, delay and loss of valuable documents and items, that might be occasioned to any traveller affected by a theft of this nature.

3. In considering the guidelines the magistrate had in mind the pickpocketing guidelines which are 6 to 9 months on a plea and 15 months after trial. He considered that the events warranted an immediate custodial sentence, even although the defendant is a first offender in Hong Kong.

4. I agree with the magistrate's conclusion that, it is important to have deterrence as a main consideration in a sentence of this nature. The magistrate appears to have taken as the sentence starting point about 16 months and after discount for plea given a sentence of 10 months. I see no reason at all to disturb what is an entirely proper sentence for this offence.

5. The appeal is dismissed.