HKSAR v. Vu Van Toan

DCCC 161/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 161 OF 2017

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REASONS FOR SENTENCE

1.Vu Van Toan you have pleaded guilty to one charge of theft, contrary to section 9 of the Theft Ordinance[1].

2.The theft is one of pickpocketing.  In summary at around 7.55 p.m. on 7 January this year the police were patrolling in Mongkok when they noticed you paying attention to the handbags of passers-by at the junction of Tung Choi Street and Dundas Street.  You then walked to Sai Yeung Choi Street where you closely followed behind Madam Wong and her friend.  

3.You were then seen using your left hand to unbutton the handbag of Madam Wong and remove her mobile phone.  The police intercepted and arrested you.  Under caution you admitted you had no money and stole the phone out of greed. 

Mitigation

4.In passing sentence, I have carefully considered everything said on your behalf by Ms Chan including that at the time you were unemployed and out of desperation stole the phone.  Ms Chan says after serving your sentence you hope to obtain a permanent job so you will not have the need to steal again.

Guidelines

5.In HKSAR v Ngo Van Huythe Court of Appeal confirmed the guideline sentence for pickpocketing after trial is 12 to 15 months imprisonment for a first offender, where there are no aggravating features[2].  I am satisfied the theft being of a mobile phone a starting point after trial of 15 months imprisonment is appropriate[3].

6.Aggravating features include where the offence is committed in a place in which the public is at particular risk, such as areas where the pedestrian traffic is heavy.  Sai Yeung Choi Street in Mongkok is a well-known crowded area, in particular at 8 p.m. on a Saturday night.  I increase the starting point by 3 months to 18 months’ imprisonment.

7.The fact an accused is a persistent offender is an aggravating feature.  You have 31 previous convictions with 23 for theft or attempted theft.  Eight are specifically stated to be pickpocketing.  You last appeared in court on 23 March 2015 when you were convicted after trial and sentenced to 2 years and 6 months’ imprisonment for pickpocketing.  I am told you were released from that sentence in August last year. 

8.By reason of your persistent offending and the commission of the offence four to five months after your release from prison, I am satisfied the starting point is to be further increased by 12 months to 30 months’ imprisonment[4].

9.Giving you full credit for your plea of guilty you are convicted and sentenced to1 year and 8 months imprisonment.