Read the full judgment text of HCMA 13/2024 on BabelCite. This Court of First Instance judgment was delivered on 10 April 2024 before 姚勳智.
Criminal law – theft – shoplifting – sentence appeal – manifestly excessive – Theft Ordinance (Cap 210) s.9 – starting point – uplift for repeat offending – guilty plea discount – torture claimant abusing privilege of bail – material facts: appellant brought two bags and stole 87 easily-resaleable items worth HK$6,905 from DON DON DONKI; 12 prior convictions of which 11 similar; last conviction November 2022 – legal issue: whether sentence of 8 months' immediate imprisonment is manifestly excessive – holding: no; starting point of 10 months appropriate given value, quantity and planned nature of offence and appellant's status as torture claimant on bail; 20% uplift to 12 months appropriate for 11 prior similar convictions; one-third reduction for guilty plea to 8 months correctly applied, consistent with comparable authorities such as HKSAR v Fong Sau Mei and HKSAR v Pham Van Thang – outcome: appeal against sentence dismissed, original sentence of 8 months' immediate imprisonment upheld.
Legal issues: Whether the sentence of 8 months' immediate imprisonment is manifestly excessive
Outcome: Appeal against sentence dismissed; original sentence of 8 months' immediate imprisonment upheld.
Cites 4 cases