HKSAR v. RUDHY CANDRA AND ANOTHER

DCCC1064/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1064 OF 2012

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Reasons for Sentence

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1.  Defendant, you each pleaded guilty to a single offence of theft, contrary to section 9 of the Theft Ordinance, Cap.210.

2.  You admitted the brief facts and I convicted you.

3.  What happened is as follows.  On 5 October last at about 4.15 pm Poon Ka-wai who is PW1 entered Sincere Podium at No.83 Argyle Street, Mong Kok.  She was carrying a shoulder bag with four $10 Hong Kong notes inside.  She walked around in the shopping area for about 20 minutes and then left.

4.  At about 4.30 pm that same day, four police officers, PW2, 3, 4 and 5, were patrolling in plainclothes in the vicinity of the shopping arcade which is a crowded area.  PW2 noticed you both standing outside at a bus stop paying attention to handbags and backpacks of passers-by.  Being suspicious, he observed you and after a while you both entered the shopping arcade, and he followed you.

5.  After about 3 minutes, you both walked towards the exit following PW1.  He saw that you, D1, you were walking on PW1’s right side, slightly behind her; you, D2, were on PW1’s left side and kept looking back.  He saw you, D2, nod in PW1’s direction and then he saw you, D1, use a yellow towel to cover your left hand and open the buckle of the bag.  You then put your right hand into the bag and then he saw that you were holding the banknotes.  You showed the banknotes to D2 and then put the banknotes into your left jacket pocket near your chest. 

6.  PW2 then revealed his police identity to you and recovered the banknotes from you, D1.  PW1 confirmed that the banknotes belonged to her.  PW3 arrested you, D1; and PW4 arrested you, D2, at 4.55 pm. 

7.  Later on the same day records of interview were taken from you respectively; you each admitted your parts.  D1, you admitted stealing the banknotes in the bag, and you, D2, were acting as a lookout and blocking others’ sight. 

8.  You are both Indonesian.  D1, you entered Hong Kong on 5 October of this year and D2 on 22 September.  D1, you are of hereto a clear record.  However, you, D2, have one previous conviction which is similar in Hong Kong. 

9.  Miss Cheuk for the prosecution provided me with the sentencing authority of HKSAR v Tan Hong Sheng, Court of Appeal, Criminal Appeal No.238 of 2005.  In that case the Court of Appeal approved of a starting point of 2½ years’ imprisonment where the following conditions are fulfilled:

(1) the offence occurred in a crowded place;

(2) the offence involved two or more persons;

(3) there was an international aspect in the sense that the perpetrators came from a foreign country, or perhaps more accurately, I should say outside of Hong Kong; and

(4) there was a degree of planning and professionalism in the execution of the scheme.

10.  On behalf of each of you, Miss Tam entered mitigation.  In respect of you, D1, she told me you are 31 years of age, you are from Indonesia and you are married with two young children.  You are the sole breadwinner of the family.  You are educated to Primary 6 and you worked as a salesman assisting your elder brother earning the equivalent of HK$2,000 per month.  You came to Hong Kong for the purpose of shopping and you met D2 that very day.  Previously you did not know him. 

11.  She reminded me of your clear record, your plea of guilty, that you were remorseful and told me that you are unlikely to re-offend.

12.  Turning to you, D2, she told me you are 37 years of age, you have two wives and five children.  Your two wives live in separate homes and you spend the week with each.  You too are the sole breadwinner.  You are educated to Primary 5 and you are employed as a casual driver earning the same as D1.  You came to Hong Kong to purchase cheap goods for resale in Indonesia. 

13.  She confirmed that you met D1 on the day of the offence and you had not known him previously.  She said the theft was spontaneous when you saw the victim holding the banknotes.

14.  On behalf of each of you, she asked for leniency. 

15.  I turn now to the sentence itself.  All the elements referred to in the case of Tan Hong Sheng appear to be fulfilled.  There are some points of mitigation.  First of all, you appeared to have been very co-operative with the police upon arrest; and secondly, you entered a plea of guilty at the first available opportunity.

16.  I note that you are both the sole breadwinners of your family.  In all the circumstances, taking all matters into account, I take in this case a starting point of 27 months, reduced to 18 months for your plea of guilty.  You will each go to prison for 18 months.