HKSAR v. CHAN LAI PING

HCMA 194/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 194 OF 2001

(ON APPEAL FROM SPCC 7784/2000)

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J U D G M E N T

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1. The Appellant was found guilty, after trial, of one charge of Theft, which was a shoplifting. She was sentenced to 2 months' imprisonment. She now appeals against that sentence on the ground that it was too severe.

2. The Magistrate was advised that the Appellant was 40 years old, unemployed and living on Public Assistance. She suffered from a minor psychiatric condition. The Probation Officer's report obtained by the Magistrate confirmed details of her family history and her psychiatric treatment.

3. The Appellant had 8 previous convictions for theft. The last offence prior to the present offence was in 1996. For those previous offences, she had been fined, placed on probation, given a suspended sentence and imprisoned. The Probation Officer declined to recommend probation as a suitable order on this occasion. The report noted that the Appellant had twice been placed on probation and there had been no long-term effect from those orders. The Appellant had breached one order which had been discharged.

4. The Magistrate regarded the Appellant as a persistent offender but nevertheless considered suspending the sentence in this case. He considered a custodial sentence was appropriate and then considered suspension. He noted that an earlier sentence had been suspended, but that apparently had no deterrent effect and the sentence had been activated.

5. The Magistrate took 3 months' imprisonment as a starting point and reduced that sentence by one month to take account of the Appellant's depressive illness and her circumstances. He sentenced her to 2 months' imprisonment.

6. Having considered the way that the Magistrate dealt with the sentence, I cannot fault the sentence he finally imposed. There does not appear to have been any other realistic way of dealing with this particular offender. This appeal against sentence is dismissed.