HKSAR v. LAW WING CHOR

HCMA 1172/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1172 OF 2000

(ON APPEAL FROM TWCC 3447/2000)

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J U D G M E N T

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1. The Appellant appeals against his sentence of 4 months imprisonment imposed in respect of one count of theft. The facts, which the Appellant agreed, showed that he had prized the coin-box from a game machine in an Amusement Games Centre; the sum of money that was obtained was $372.00.

2. The Magistrate imposed the sentence having adopted a six month starting point, gave the Appellant a one-third discount and arrived at a 4 months sentence. The only mitigation before the Magistrate was the Appellant's plea of guilty, because this Appellant has a poor criminal record. He has thirteen previous convictions, twelve of them for theft.

3. Today the Appellant says that he was wrong and he regrets his crime because he lost a decent job as a waiter. He is concerned about his family and their poor condition; he is also concerned about his mother who is living in the home for the aged. He wishes to go out so that he can be an honest and decent man again to support his family.

4. I have some sympathy for him with these concerns, but I cannot fault the Magistrate's sentence and this appeal against sentence is dismissed.