|
DCCC 422/2023
[2024] HKDC 881
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 422 OF 2023
________________________
________________________
| Before: |
Deputy District Judge Casewell |
| Present: |
Mr Tan Ivan, Public Prosecutor of the Department of Justice, for HKSAR |
| |
Mr Wong Stephen W C, instructed by Edward Lau Phoebe Ng Solicitors LLP, assigned by the Director of Legal Aid, for the defendant |
________________________
REASONS FOR SENTENCE
________________________
1. I convicted you after trial of the offence of theft. I noted there are some mitigating factors in respect of that conviction. Firstly, it was not possible for me on the evidence to reach any definite conclusion as to the value of the items that were taken and distributed around Sham Shui Po by you and your gentleman friend, but in any event there was some value because certainly you took the fan which had value. But it is the case that I have not convicted you on the basis of the charge that you faced and I could not find that you had stolen the mining machines or the computer display cards which means the offence I have convicted you of is considerably less serious than the one you were charged with.
2. However, there are some disturbing aspects to the charge and they have been brought up again in the background report I have obtained. You are now 71 years of age. You have had a clear record all your life. You are living on your savings, some money from your children, an old-age living allowance, so you do not receive much money to live on and you are in poor health. You sleep badly and you have had head injuries, you suffer from what you describe as mental health problems and you are required to have follow-up for that every 20 weeks at the West Kowloon Psychiatric Centre. I am told you also have generalised anxiety disorder and you have hoarding behaviour and I am convinced that this present conviction is a result of this behaviour and you would be advised to perhaps find some other way of spending your time.
3. Now the report also tells me you deeply regret what has happened and you are painful that your behaviour has landed you in such trouble and you have learnt a bitter lesson for the court experience and the period of detainment and that you desire freedom and you have had a painful lesson and will amend your collecting behaviour afterwards. I am sure that is true and as a result of that, I will have to consider to impose some form of custodial sentence but I do not propose that you go to prison immediately.
4. The sentence I am going to impose is one of 3 months’ imprisonment suspended for 18 months. That means you do not go to prison now but if you commit any further offence punishable by imprisonment within that period of 18 months you will be liable to serve that term of imprisonment in whole or in part. If you can avoid committing any further offence everything should be all right for you.
|
( Casewell ) |
|
Deputy District Judge |
|