HKSAR v. Cheng Kam Wah

HCMA001204/2002

HCMA 1204/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1204 OF 2002

(ON APPEAL FROM ESCC 3432/2002)

____________

____________

Coram: Deputy High Court Judge Line in Court

Date of Hearing: 14 January 2003

Date of Judgment: 14 January 2003

_______________

J U D G M E N T

_______________

1.This is an appeal against sentence. The appellant was sentenced to 6 months imprisonment following his plea of guilty to theft. He had stolen 8 bottles of shampoo from Mannings. He has 24 previous convictions of which 13 are the theft.

2.The Magistrate took a starting point of 9 months. That was higher than usual but it reflected the fact that this was an habitual offender who chooses to steal shampoo he can resell for money.

3.In my judgment, the Magistrate was fully entitled to take 9 months for the starting point on these facts for this man. The greater starting point is not disproportionate to the mischief of the crime. He gave a full 1/3 discount for the plea of guilty and the resulting sentence of 6 months imprisonment is one that I judge to be just in the circumstances.

4.Accordingly, I confirm the sentence passed by the Magistrate.

Representation:

Ms Jasmine Ching, GC, Department of Justice, for HKSAR

Appellant: Cheng Kam Wah, in person