HKSAR v. Zhao, Jianguo

HCMA000173/2003

HCMA 173/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 173 OF 2003

(ON APPEAL FROM NKCC 454/2003)

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Coram: Deputy High Court Judge Line in Court

Date of Hearing: 9 May 2003

Date of Judgment: 9 May 2003

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J U D G M E N T

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1.This is an appeal against sentence. The appellant was convicted, after a trial, of an offence of theft and sentenced to 12 months' imprisonment.

2.He is a 31-year-old man who lives in the mainland and was visiting Hong Kong on his Two-Way Permit. In the course of his visit to Hong Kong, he decided to do some pickpocketing. On 15 January, at the junction of Argyle Street and Nathan Road, he dipped his hand into the coat pocket of a lady pedestrian and removed her mobile telephone. She realised what was happening and raised the alarm. He threw the telephone away but was apprehended.

3.The magistrate correctly identified that a starting point for sentence for such conduct of imprisonment between 12 and 15 months was the right one. No reduction from that is available for a plea of guilty.

4.The appellant today asks me to reduce his sentence. I regret to say that he could urge little more to support that application other than that he wants to go home, he is from a poor family, that he has elderly parents and that it was his first offence.

5.The mischief of having pickpockets in Hong Kong is so obvious that it justifies sentences of this length, even for first offenders. There is nothing in the case of this appellant that would make me think his case should be dealt with any differently.

6.Accordingly, I confirm the sentence passed by the magistrate.

Representation:

Miss Winnie Lam, GC, of Department of Justice, for HKSAR

Appellant, in person