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The applicant pleaded guilty to a charge of theft and was sentenced to six weeks' imprisonment. She admitted to have taken 20 packets of Tempo Tissue from outside a Apollo Dispensary, worth $18. The offence was said to take place somewhere in Mong Kok and she just took the packet of tissue without paying for them.
The applicant has ten previous convictions, some of which are similar to the present offence. The probation officer's report, as well as the doctor's report, suggested the applicant had a long history of mental problem. Probation was not recommended as she had been put on probation on a previous occasion in respect of a similar offence, but her response was unsatisfactory as she defaulted reporting and failed to attend the arranged interview for psychological assessment.
Despite such mental condition, which obviously account for the present offence, the learned magistrate considered that he had no option but to impose an immediate custodial sentence. But the record kept of the proceeding is quite clear that the learned magistrate started off by trying to help this applicant. But in the light of the background and the history, particularly her previous convictions, the learned magistrate came to the view he really have no alternative but to impose an immediate custodial sentence, be it a short one.
I must confess that I, myself, find it not easy to think of an appropriate sentence to deal with an offender like you. Although to a lot of people, shoplifting is considered to be a trivial matter, but let me emphasise that it is by no means a trivial matter. Offenders, particularly repeated offenders, must expect to be imprisoned irrespective of the value of the property taken. The offence is very prevalent and unless the court take a perhaps tough attitude, people will not be detered from repeating offences of this nature.
I find it difficult to deal with you because it is clear from the record that one of the reasons at least for your repeatedly committing the sort of offence of theft or shoplifting is because of your mental problem. I'm aware that you have been put on probation in respect of a similar offence. I'm also aware that you have in fact not responded to the help by the probation officer, failing to co-operate with them.
But so far as this case is concerned, I'm prepared to take another chance in the light of your mental problems and in light of the history of the matter. Despite the probation officer not recommending you to be put on probation, I would act against such recommendation. I'm going to put you on probation for a period of 18 months in respect of the offence that you have pleaded guilty to. But I have to warn you that this is going to be your last chance. You have to accept the advice of the probation officer and receive such treatment as may be considered necessary for you. Are you prepared to be abide by such conditions?
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