HKSAR v. HE PING AND ANOTHER

DCCC1390/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1390 OF 2011

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Reasons for Sentence

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1.  The defendants have pleaded guilty to one offence of theft, the offence taking place at the Hung Hom MTR station in Kowloon.

2.  Both the defendants have accepted the facts and I have convicted them accordingly.

3.  The facts establish that this case can be categorised as a pickpocketing offence.  It took place on 22 November 2011 at the Hung Hom MTR station where plainclothes officers were deployed.  They saw the defendant together with another person following people on the platform. They eventually followed the victim up an escalator.  On the escalator, the wanted person was seen to unzip the victim’s luggage and pull out a black bag. He passed the bag to the 1st defendant who tried to pass the bag on to the 2nd defendant.

4.  The defendants were intercepted; the wanted person made away.

5.  Both the defendants are of clear record in Hong Kong.  They are both residents of the Mainland in China.

6.  The 1st defendant is aged 37 years old.  He has worked as a farmer.  He is married.

7.  The 2nd defendant is 40 years old.  He has worked as a farmer and is married.

8.  Both the defendants at the time of their committing the offence were visitors to Hong Kong and it would appear that commission of this offence was the reason for their coming to Hong Kong.

9.  The defendants are remorseful.  Their mitigation is that they were not the prime movers in the offence, the offence was not well organised, and they were easily intercepted and caught and have since fully admitted their involvement in this offence.

10.  It is common ground that a normal starting point in an offence of pickpocketing is between 12 to 15 months’ imprisonment. Account must then be taken of any aggravating factors.

11.  In this offence, there are certain aggravating factors.

12.  The offence was committed in a place in which the public is at public risk, such as a train station.

13.  The accused have committed this offence in conjunction with others.  Although it may be difficult to characterise this operation as an organised professional ring (where organised and professional pickpockets come from overseas, starting points could range up to 2½ years’ imprisonment), in this case, both the defendants have come from the Mainland to commit offences here.

14.  However, I do take into account the lack of professionalism in the mode employed to commit this offence.

15.  Certainly, the two aggravating factors that I have already stated are in operation in this case.

16.  I also bear in mind that the defendants are of clear record in Hong Kong.

17.  Taking all these factors into account, I will take a starting point for each defendant at 27 months’ imprisonment. 

18.  This will be reduced by one-third for their plea of guilty.

19.  The sentence that each defendant will serve will therefore, be 18 months’ imprisonment.