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HCMA 694/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MAGISTRACY APPEAL NO. 694 OF 2012
(ON APPEAL FROM KCCC 3543/2012)
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BETWEEN
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HKSAR Respondent |
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and
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OTGONBAT ODBAYAR |
Appellant |
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Before: Hon Fung J in Court
Date of Hearing: 8 November 2012
Date of Judgment: 8 November 2012
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J U D G M E N T
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1. The Appellant pleaded guilty to one count of theft before Magistrate Peter Law Esq, and was sentenced to 4 months’ imprisonment.
The fact
2. The Appellant used a tinfoil lined paper bag to commit shop theft. There was an accomplice in the shop together with the Appellant.
The Magistrate’s reasons
3. The Magistrate stated that it was a premeditated act of theft with an accomplice and not simply a case of acting impulsively out of greediness. He took 6 months as the starting point and gave one-third discount for plea, which became 4 months.
Grounds of appeal
4. The Appellant submitted that he is 18 years old, a last year computer science student at university in Mongolia. The study term has already started in September, so even one day is important for him.
5. I see nothing excessive about the sentence. The appeal is dismissed.
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(B. Fung)
Judge of the Court of First Instance
High Court |
Ms Noelle Chit, Public Prosecutor of Department of Justice, for the Respondent
The Appellant, in person
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