The Queen v. Chung Chi Kwan

HCMA000285/1988

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 285 OF 1988

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BETWEEN

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Coram: Hon. Bewley, J. in Court

Date of hearing: 9th June 1988

Date of delivery of judgment: 9th June 1988

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J U D G M E N T

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1. The appellant pleaded guilty to theft before Mr Todd in Fanling Magistrates Court and was sentenced to 18 months' imprisonment.

2. It was another case of pickpocketing on a crowded China-bound train at Sheung Shui station. The victim lost her wallet, containing $143 and other items. The wallet, but not the cash, was recovered.

3. The magistrate noted the degree of prevalence of this offence on trains in his area and also took into account the appellant's record of four previous convictions for theft between 1980 and 1985

4. He gave him such credit as may minimally be given for the defendant's plea on the trial date considering that the defendant had made three prior appearances at Court when the charge had been denied.

5. Mr Marray for the appellant, submits that the plea was changed on the first occasion the appellant was legally represented. That may be so, but the magistrate was entitled to take the view that a plea at that stage does not necessarily indicate remorse. On the other hand, I agree the appellant was entitled to some discount for having saved the court's time.

6. The circumstances of this case are very similar to those in R. v. Hau Tai-wai^(l), in which I indicated that the starting point for a sentence in such cases should be 15 months.

7. I allow the appeal and, giving the appellant one month discount for his plea, I reduce the sentence to 14 months' imprisonment.

(1) Mag. App. 769/87

Representation:

Mr M.D. Wilson, Crown Counsel, for Respondent.

Mr John Marray, assigned by D.L.A., for Appellant.