HKSAR v. YUEN SHING YIP

DCCC 399/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 399 OF 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single offence of theft, contrary to section 9 of the Theft Ordinance, Cap 210. You admitted the brief facts and I convicted you.

2.  What happened is this.  At about 11.05 am on 23 March of this year, PC 10650 (PW1) saw you outside a shop at the Ground Floor of 312 Lai Chi Kok Road, Sham Shui Po.  The area was crowded.  Outside the shop there were about 10 people purchasing fruit.  You appeared to wander behind them and looked at their belongings.

3.  You then approached a female (PW2) from behind on her left.  She was purchasing fruit and had her jacket wrapped around her waist.  You extended your right hand into the left pocket of PW2’s jacket and took her wallet which is Exhibit 1.  You then turned to leave but you were intercepted by PW1 who retrieved Exhibit 1 from your right hand.

4.  Exhibit 1 contained a Hong Kong Identity Card, an Octopus card and $400.

5.  PW2 confirmed that Exhibit 1 belonged to her.  PW1 arrested and cautioned you and you admitted stealing out of greed.  In a subsequent recorded interview you repeated your admission.

6.  You admitted to 36 previous convictions on 29 occasions, 29 being of dishonesty and 9 of those for pickpocketing.

7.  On your behalf, Mr Yiu entered mitigation.  He told me you agreed with the contents of the antecedent report save that you disagreed that you had no fixed abode, claiming that you lived in a cubicle in Kowloon area. 

8.  You are 54 years of age.  You were born on the mainland coming to Hong Kong in 1980 and educated to Primary 3.  You are divorced and have a son and a daughter; the son residing with your ex-wife and the daughter living separately.  In fact, your son has visited you whilst on remand.

9.  You are unemployed at the moment being in receipt of public assistance of $2,900 and a housing supplement.  I understand that previously you have been employed as a dim sum worker but had to give up because of a back condition.

10.  In respect of the offence, Mr Yiu said it was not planned and you were fully co-operative on arrest.  He acknowledged your poor record but pointed out that you had been out of trouble for almost 2 years.  He said there were no aggravating features except that he accepted that this was a crowded place but submitted that in respect of the  area it was not as crowded as an area such as Mong Kok.

11.  He then referred me to the Court of Appeal case of HKSAR v Ngo Van Huy, Criminal Appeal No 107 of 2004.  In that case the Court of Appeal gave some guidelines on the sentencing of offences involving picking of pockets.  Mr Yiu referred me to some paragraphs within that case and I shall not repeat them.

12.  I turn now to the sentence.

13.  Perhaps the outstanding feature of this case is your appalling record.  You have an appalling record of theft and especially of picking pockets.  That you have been out of trouble for almost 2 years is hardly surprising as a big portion of that was spent in prison.

14.  I am prepared to make concession on your behalf that I accept this was not a pre-planned theft and you were co-operative with the police upon arrest.  Admitting the commission of the offences is hardly surprising as you were caught totally red-handed by the police officer.

15.  In this case I take as a basic starting point 15 months’ imprisonment.  However, there will be an increase due to the aggravating features of your appalling record especially and the fact that it took place in a crowded place.

16.  Being as lenient as possible and consistent with my public duty, I take a starting point of 21 months’ imprisonment, reduced to 14 for your plea of guilty.  You will go to prison for 14 months.