R. v. LEE PUI LING

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 925 OF 1995

___________

_______________

J U D G M E N T

_______________

1. The Appellant was convicted on a charge of theft and now appeals against that conviction.

2. On the 18th May 1995, the Appellant, a woman aged 56 years, was in Wellcome Supermarket in Hennessy Road and was seen to place a box of fertiliser valued at $8.90 into her bag. She paid for other purchases but did not pay for the fertiliser. There was no dispute that the fertiliser was found in her bag and that she had not paid for it.

3. Her defence was that because of her mental state at the time, she had made a genuine mistake and that she had no intention to steal. She gave evidence that on the day prior to the incident, she had learned that her brother, who had come to Hong Kong from Shanghai for treatment, had been diagnosed as suffering from terminal cancer. He has since died. The shock of such devastating news caused her considerable distress and she was in this emotional state of mind when she entered the Supermarket. The Magistrate rejected her claim to have made an honest mistake.

4. The Appellant is aged 56 years and has a clear record. In accordance with the law, this supports her credibility and means she is less likely than otherwise might be the case to commit this crime. When these points are considered along with the petty nature of the offence alleged, and the state of mind in which she was in at the time, I am left with a lurking doubt that she has been properly convicted. I therefore allow the appeal against conviction.