R. v. CHAN KWUN WING

IN THE COURT OF APPEAL

1996, No.98
(Criminal)

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J U D G M E N T

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Power, V.-P.(giving the judgment of the Court):

1. The applicant pleaded guilty to one charge of theft which particularized that on 27th January he stole $216,933 from Whirlpool (HK) Ltd. He pleaded guilty to that charge and was sentenced to imprisonment for 18 months.

2. The admitted facts showed that he was employed as a showroom manager by Whirlpool and that starting in about November 1994 he had stolen various sums of money from the company, the largest amount was an amount of cash sales which he simply did not put into the company accounts. He also stole money that was staff expenses money which should have been passed onto them; money that was spare parts cash sales money; and petty cash. In all the amount charged was nearly $217,000. It is true that upon being taken to the Wanchai Police Station he admitted what he had done and that he pleaded guilty.

3. The judge when sentencing took into account his clear record and background and noted that the reason why had committed the offences was because he had a girlfriend for whom he was really stealing the money. The judge rightly noted that he had been placed in a position of trust and that the thefts had gone on over a period of months. Before us today he has offered to make restitution but that offer is not a matter which can at this stage be given any real weight. The judge was lenient in her approach to sentencing taking a starting point of three years which was already low and then giving a discount of 18 months on account of the plea and clear record. It was a proper and indeed lenient sentence with which we cannot interfere.

4. The application is refused