HKSAR v. NGUYEN VAN LOI ALSO KNOWN AS YUEN MAN LEE AND YUEN MAN LOI

DCCC 622/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 622 OF 2013

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Reasons for Sentence

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Charge and facts

1.  The defendant was caught red-handed whilst still holding the Samsung Galaxy Note 2 mobile phone, valued at about $6,100, just stolen from a lady’s jacket pocket. It was near 6 pm on 19 May 2013, a Sunday, outside Hysan Place in Causeway Bay.    

Personal background and mitigation

2.  The defendant is 52 years of age, born in Vietnam.  His wife and 3 sons had emigrated to England.  He had 16 previous convictions for theft, among which 4 were for pickpocketing specifically.  He was a ferry pier worker on a casual basis at the time of the offence.  When he committed the present offence, he had only been released from prison for 2 months served for his last conviction of theft.  His solicitor takes no exception to the fact that the place was notorious for being crowded and his abundant previous similar convictions are both aggravating factors in sentencing.       

Sentencing considerations

3.  In HKSAR v Ngo Van Huy [2005] 2 HKLRD 1, the Court of Appeal laid down a guideline sentence of 12 to 15 months for pickpocketing after trial for a first time offender.  A heavier sentence would be imposed where there were aggravating factors, which included:

(1) The offence committed in a place in which the public is at particular risk, such as crowded places like the MTR or the race course, crowded shopping areas where the pedestrian traffic is heavy;

(2) Repeat or persistent offending.

Sentencing present defendant

4.  I take a starting point of 27 months.  One-third off for his plea of guilty, his sentence is 18 months in the absence of other mitigating factors.