HKSAR v. Bui Thi Thanh, Binh

HCMA1011/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1011/2005

(ON APPEAL FROM ESCC 4237 OF 2005)

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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 12 months’ imprisonment imposed upon the appellant for an offence of theft.

2. The facts can be summarised by saying that she was one of three people who stole seven pieces of clothing from a shop in Causeway Bay.  The clothing was worth in all over $4,500.  The offence was premeditated, co-ordinated and involved a concerted effort.  In particular, this shoplifting team had equipped themselves with what looked like a paper bag that had a lining in it which meant that when the clothes with their electronic tags were put in it, it failed to set off the alarm as they left the shop.  This was a professional piece of shoplifting.

3. I am afraid I do not accept, as the magistrate did not accept, that this was a moment’s folly, a moment’s greed on the appellant’s behalf. 

4. In those circumstances the starting point of 12 months seems to me to be entirely appropriate. 

5. A co-accused lady was given a like sentence.  She had five previous convictions which were similar in nature.  The appellant points to the fact that she had no similar previous convictions and merely had convictions in the early 90s for escaping from lawful custody.  At that time she would have been in one of the Vietnamese camps.

6. I can see why she makes the point, but I regret to say the fact is that the co-accused should have received a greater sentence.  It would not have been sentencing that repeat offender “upon her record” to have regarded the persistence in the same crime as an aggravation.

7. A final matter that the appellant urges is that she has a child aged 4 and a mother aged 72 and in respect of both she wishes to have her liberty to look after them.  I regret to say that those matters do not move me to reduce this sentence.  Not least because their claims upon her were well-known to her when she decided deliberately to join in professional shoplifting.

8. The appeal is dismissed.