HKSAR v. Udoya Ruby Lakbayin

HCMA000321/1997

IN THE HIGH COURT OF HONG KONG

APPELLATE JURISDICTION

MAGISTRACY CRIMINAL APPEAL NO. 321/97

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Coram: The Hon. Mr. Justice Wong in Court

Date of hearing: 5 August 1997

Date of judgment: 5 August 1997

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J U D G M E N T

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1. The appellant pleaded guilty before a magistrate to one charge of theft and one charge of breach of deportation order. On each charge she was sentenced to 14 months imprisonment, to be served consecutively making a total sentence of 28 months. She appeals against those sentences.

2. The facts are briefly these. At about 5.25 p.m. on 22 February 1997, Madam Tang Chui-lin accompanied her husband to The In Square. Before taking the escalator, Madam Tang felt her handbag which was placed on her shoulder was opened by someone. She turned around and saw the appellant holding her handbag. She snatched it back from the appellant who fled and Madam Tang gave chase. With the help of a member of the public, the appellant was apprehended. The police were called.

3. Upon checking, it was revealed that the appellant was the subject of a deportation order. The appellant comes from the Philippines and has a number of previous convictions. She was first sentenced to a total of 15 months imprisonment for theft and possession of forged documents etc. in March 1991. A year later she was sentenced to 9 months imprisonment for theft and breach of deportation order. In November 1993, she was given a total of 20 months imprisonment for theft and breach of deportation order. Her last prison sentence was in August 1995 when she was given consecutive sentences totalling 24 months for theft and use of forged travel document.

4. In passing sentence, the magistrate took a very serious view on the appellant's criminal record and as a result adopted a starting point of 21 months in respect of each offence. I can well understand the feeling of the learned magistrate but he is bound, like anyone else, by decisions of superior courts. Having regard to sentences in similar cases, I take the view that the total sentence is far too high. In the circumstances, I would adopt a starting point of 18 months on the theft charge and reduce it to 12 months on account of her plea. On the charge of breach of deportation order, I adopt a starting point of 12 months and reduce it to 8 months for plea. The sentences are of course to be served consecutively making a total sentence of 20 months and the appeal is allowed to this extent.

Representation:

Mr. Simon M.F. Tam for D.P.P./ Respondent.

Mr. Allen Lam instructed by D.L.A. for the Appellant.