HKSAR v. CHEUNG YUNG WAH

HCMA 121/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 121 OF 2003

(ON APPEAL FROM ESCC 3658/2002)

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J U D G M E N T

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1. You appeal a sentence of four months imprisonment imposed in respect of a charge of theft, in the nature of shoplifting. You were seen leaving a garment store in a manner which aroused suspicion. You were stopped and searched. Various garments, the property of the store, were found on and concealed about your person. Their value was $69.00. You admitted the offence and later pleaded guilty.

2. The Magistrate took a starting point of nine months imprisonment. In arriving at this figure she took into account, amongst other matters, the fact that you have in excess of 27 previous convictions of which three among the most recent were for theft. Because many of the others were drug related offences she called for a Drug Addiction Treatment Centre Report: you were not found to be suitable for admission. She described you, and was fully justified in doing so, as a persistent offender.

3. She considered your apparent poor state of health. Your age was prayed in aid: she expressed the view that, at 54, you could not be considered old.

4. She reduced the starting point by one third for the plea. She then reduced the resulting sentence by a further one third because of the small value of the goods. This resulted in an overly-generous aggregate discount of well in excess of 50%. Had the Magistrate regarded the value of the goods as being a real factor, the appropriate figure to adjust would have been the starting point.

5. Respecting her view in regard to value, a starting point of six months would have been appropriate. That would be subject to the discount for the plea. In this matter, as it happens, the result is the same four months imprisonment.

6. The appeal is dismissed.