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HCMA267/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MAGISTRACY APPEAL NO. 267/2011
(ON APPEAL FROM ESCC NO. 1289 OF 2011)
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BETWEEN
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HKSAR |
Respondent |
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and
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BATBAATAR, DAVGASUMBEREL |
Appellant |
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Before: The Honourable Mr Justice Line in Court
Date of Hearing: 27 May 2011
Date of Judgment: 27 May 2011
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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 8 months’ imprisonment imposed for an offence of theft. It was a pick-pocketing case. It occurred in Central during the busy lunch hour when the Appellant picked the pocket of woman and removed her wallet.
2. The Magistrate took a starting point of 12 months. The guideline sentence of 12 to 15 months, after trial, is well established here in Hong Kong as is the one-third discount for the plea of guilty. There is nothing wrong with the sentence of 8 months’ imprisonment.
3. The only matter that the Appellant urged upon me today was to tell me that he had a wife and a one-year-old daughter. Whilst he asks very nicely for a reduction in his sentence, I am afraid he has demonstrated no ground to interfere. My view is the same as the Magistrate’s. The appeal is dismissed.
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(P Line)
Judge of the Court of First Instance
of the High Court |
Ms Rosaline Leung, Senior Public Prosecutor, of the Department of Justice, for the Respondent
Appellant: Batbaatar Davgasumberel, in person
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