HKSAR v. Tang Yiu Wing

DCCC 790/2018

[2019] HKDC 190

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 790 OF 2018

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Reasons for Sentence

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Charge and facts

1.The Defendant pleads guilty to a charge of theft by pickpocketing. 

2.At around 1411h on 16/5/2018, Madam LI was in Kai Bo Food Supermarket at Ground Floor, Kwai Po Building, Shek Yam Road, Kwai Chung, New Territories when she discovered her smartphone, valued at about HK$3,900 missing from her rucksack.  She reported the matter to the police. 

3.The police inspected the CCTV of the shop.  It captured the act of a man (identified as the Defendant) standing closely behind Madam LI and using an umbrella as a cover-up as he stole the smartphone from her unzipped rucksack at around 1410h. 

4.Two days later, the Defendant was arrested near Kwai Chung Market.  The smartphone could not be recovered.  After being cautioned at the scene, he remained silent.   

5.In a subsequent cautioned interview on 16/6/2018, he admitted to have stolen the smartphone for his own use and later sold it. 

Mitigation

6.The Defendant is 59 years of age.  He is a divorcee.  His daughters live with his ex-wife.  His parents live in Guangzhou.  He lives alone. 

7.He had many criminal records, including 17 for theft. Among them, at least 7 were specifically by pickpocketing.  His last 2 records, each for pickpocketing, were in 2014 and 2016, resulting in 18 months and 16 months respectively.  Nine months after his release from prison, he committed the present pickpocketing.

Sentencing considerations

8.In HKSAR v Ngo Van Huy [2005] 2 HKLRD 1, the Court of Appeal has stated a guideline sentence of 12 to 15 months for pickpocketing after trial for a first time offender.  A heavier sentence shall be imposed where there are aggravating factors, which include:

(1) The offence being committed in a place in which the public is at particular risk, such as crowded places like the MTR or the race course, crowded shopping areas where the pedestrian traffic is heavy;

(2) Repeat or persistent offending.

Sentencing this Defendant

9.The crowded location and his repeat offending are aggravating factors in his sentence.  From a basic starting point of 12 months, I add 3 months for the crowded location and 9 months for his repeat offending. The actual starting point is 24 months. 

10.I give a one-third discount for his plea of guilty.  He has no other mitigating factors.  The sentence is 16 months.