HKSAR v. NG MEI FUNG BEE

HCMA1240/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1240/2005

(ON APPEAL FROM KCCC 6093 OF 2005)

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J U D G M E N T

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1.  This is an appeal against a sentence of 18 months’ imprisonment passed for an offence of theft.  It was a pick-pocketing case.  This Appellant, along with a co-accused who has not appealed, carried out the theft together.  The co-accused, a large man, carried two bags of shopping in either hand and stood in the way of a short, slightly-built person who was obviously a visitor from the mainland, whilst this Appellant came up from behind him and stole from his person.

2.  The magistrate described it as a slick and professional theft.  He said it was a practised manoeuvre that was carried out.  It is well established that even for someone with a clear record, as this lady has, the starting point for an offence of pick-pocketing is in the bracket of 12 to 15 months.  The magistrate increased the sentence here to 18 months, basically because it was a practised theft, it occurred in a busy shopping area where tourists frequent and, perhaps most significantly, because he took the view that this Appellant had cynically manipulated her co-accused who was mildly retarded. 

3.  In my judgment, he was quite entitled to do that.  It does make it worse that someone who was mildly mentally retarded is induced to play their part in a crime of this nature.  It is a matter that should not be ignored.  The other factors put this case at the top end of the bracket of 12 to 15 months and the modest increase of 3 months to reflect that aggravating factor is not disproportionate. 

4.  Accordingly, the appeal against sentence is dismissed.