The Queen v. Hon Chun-lui

HCMA000075/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL No. 75 OF 1995

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Coram: The Hon. Mr. Justice Wong in Court

Date of Hearing: 14th March 1995

Date of Judgment: 14th March 1995

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JUDGMENT

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1. The appellant was convicted before a magistrate of one charge of theft and sentenced to 9 months imprisonment. He appeals against the sentence.

2. The appellant arrived in Hong Kong from China on 20th November 1994 on a two-way permit. He committed this offence three days later when he stole a leather briefcase belonging to a customer of a shop who put it on the floor when he was selecting clothes. He was spotted, stopped after chase and arrested. The briefcase contained, among other things, HK$1,200, US$227 and two visa cards.

3. The magistrate took the view that this was not a 'shop theft' in the usual nature of shoplifting and because of the prevalence of this type of offence in Hong Kong it would be necessary to pass a deterrent sentence. He considered suspended sentence but concluded this inappropriate. On all these, I have no quarrel with the magistrate.

4. Having regard to the fact that the appellant is a first offender, I am of the view that an immediate custodial sentence of 6 months imprisonment would be a sufficient deterrent. Accordingly I allow the appeal to the extent that the sentence of 9 months imprisonment is reduced to 6 months.

Representation:

Mr. Y.M. Liu, S.C.C. for Crown

Mr. Eric Kwok (D.L.A.) for appellant