HCMA547/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 547 OF 2010

(ON APPEAL FROM KTCC 3736 OF 2010)

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BETWEEN

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J U D G M E N T

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1.  On 29 June 2010 at Kwun Tong Magistrate Court the appellant, an Indonesian national, pleaded guilty to one count of theft contrary to section 9 of the Theft Ordinance, Cap.210.

2.  The magistrate Mr Joseph To sentenced her to be imprisoned for a period of 8 months.  This is her appeal against that sentence.

3.  The summary of facts admitted by the appellant revealed that she was employed by the victim as a domestic helper.  In the course of that employment she had stolen a substantial quantity of cash and jewellery.  She was first employed in March 2010 and it was in late June of that year that the thefts were discovered.

4.  In the case of the $11,000 cash that she stole that was never recovered.  The jewellery which was valued in excess of $60,000 was pawned by her.  The receipts from the pawn shops were seized when she was arrested.  She told the police that the money that she had obtained both in cash and from pawning of the jewellery had been remitted by her to Indonesia. She had done this because her grandmother was very ill and in need of medical assistance. 

5.  When sentencing the appellant the magistrate quite properly emphasized that this was a case of a breach of trust which was an aggravating factor as was the fact that the offence had been committed over a substantial period of time.  I agree with those observations.

6.  The magistrate took a starting point for sentence after trial of 12 months’ imprisonment which he discounted by one-third for the appellant’s plea of guilty.  That in my opinion was an appropriate course to adopt. 

7.  The appellant asserts in her notice of appeal and informs me today that the sentence is too heavy.  She has also told me that she wishes to be released early so that she can return to Indonesia to be with her grandmother who is ill. 

8.  I am satisfied in all of the circumstances of this case that the appeal must be dismissed.

9.  Whilst sentences that are imposed for theft vary substantially from case to case, there were as the magistrate observed a number of aggravating factors in this appellant’s conduct.

10.  No valid criticism could be made of the sentence that has been imposed and it would not be appropriate in the circumstances to grant any reduction on the basis of the illness of the appellant’s grandmother.

11.  The appeal is dismissed.