HKSAR v. LEUNG KIU SUN

DCCC 594/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 594 OF 2014

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REASONS FOR SENTENCE

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1.  Leung Kiu Sun you have pleaded guilty to one charge of theft, contrary to section 9 of the Theft Ordinance, Chapter 210.

2.  The theft is one of pickpocketing.  In summary at around 15:15 hours on Sunday 25 May this year Mr Lee Ming was shopping outside a seafood stall in Pei Ho Street, Sham Shui Po.  At the time Pei Ho Street was crowded with people. 

3.  Mr Lee kept his smartphone inside his waist bag.  While shopping Mr Lee suddenly felt his waist bag moved.  Mr Lee turned round and saw you holding his smartphone. After Mr Lee stopped you from leaving he snatched back his smartphone and reported the matter to the police.   The police arrived shortly afterwards and arrested you.

4.  In passing sentence I have carefully considered everything said on your behalf of by Mr Kwong. 

5.  In HKSAR v Ngo Van Huy[2005] 2 HKLRD 1 as applied in HKSAR v Duong Van Dung & others CACC 284/2004 the Court of Appeal confirmed the guideline sentence for pickpocketing after trial is 12 to 15 months imprisonment for a first offender, where there are no aggravating features. 

6.  Aggravating features include where the offence is committed in a place in which the public is at particular risk, such as areas where the pedestrian traffic is heavy. 

7.  The fact an accused is a persistent offender is also an aggravating feature.  You have appeared in court on 27 occasions amassing a total of 33 convictions with 25 for theft or attempted theft.  Your last appearance in court was on the 14 September 2013 when you were sentenced to 10 months imprisonment for an offence of theft.  You were released from that sentence on the 2 April this year and committed the present offence just over 7 weeks later.

8.  I am satisfied the theft being of a smartphone the starting point after trial is 15 months imprisonment (see for example HKSAR v Liu Lin Feng CACC 206/2011). By reason of the aggravating feature that the theft was committed in a crowded place where the public are at risk the starting point is increased by 3 months to 18 months imprisonment.

9.  By reason of your persistent offending and the commission of the offence within 2 months of your last release from prison the starting point is further increased by 12 months to 30 months (see for example HKSAR v Tsui Chiu Kwai CACC 452/2011). 

10.  Giving you full credit for your plea of guilty you are convicted and sentenced to1 year and 8 months imprisonment.