HKSAR v. TRAN VAN-CHUONG

 DCCC543/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 543 OF 2010

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Reasons for Sentence

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1.  The defendant has pleaded guilty to one charge of theft in that on 21 April this year he had stolen a mobile phone in a computer arcade from the victim in this case.

2.  The victim informed the security guard and an hour later the defendant was arrested with the mobile phone still in his pocket.

3.  Under caution, the defendant admitted he had stolen the mobile phone and had disposed of the SIM card because he had no money. The victim identified the mobile telephone subsequently.

4.  The defendant is aged 45 and was born in Vietnam in 1965. The defendant has 18 previous convictions, of which all 18 are theft related. He has also many pickpocketing offences.

5.  Since 1990, I can see from his record that he has been in and out of prison consistently until now.

6.  The defendant is a recidivist, and it is clear that his previous sentences have not served to prevent him from committing a crime because he was only released from his last conviction 3 weeks prior to committing this present offence.

7.  As Mr Wong correctly pointed out, there is no mitigation in his case apart from the fact that he had pleaded guilty.

8.  I do recognise the fact that he has already served sentences for his previous offences, and so the sentence that I sentence should be one which recognises that.

9.  However as I have said, the defendant has not been prevented from committing further offences, despite the last sentence he received of 16 months for pickpocketing.

10.  In this circumstance, I consider that an appropriate sentence would be 30 months starting point reduced to 20 months because of his plea. The defendant will go prison for 20 months.