The Queen v. Chan Chi-man

HCMA000488/1986

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

MAGISTRACY APPEAL NO. 488 OF 1986

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BETWEEN

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Coram: de Basto J.

Date of Hearing: 1st August, 1986.

Date of Judgment: 1st August, 1986.

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JUDGMENT

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1. This is an appeal by CHAN Chi-man against the sentence imposed upon by a magistrate. The appellant was convicted of a charge of theft (shoplifting), and was sentenced to eighteen months' imprisonment.

2. The appellant has three previous convictions for theft, the last two in the later half of 1985, he was released from prison on the 11th January, 1986 and he committed the present offence less than a month after his release.

3. Recent Crime Prevention Bureau statistics show an increase in shoplifting from 2,800 in 1982 to 6,482 in 1985 with 2,879 cases reported between the 1st January, 1986 and the 31st May, 1986. There is no doubt that shoplifting is very much a growth industry and is becoming a serious problem.

4. It is not uncommon for sentences of 9 months' imprisonment to be imposed for a shoplifting offence even in respect of first offenders unless, of course, the offenders are young.

5. I respectfully agree with Crown Counsel that the sentence in this case is manifestly excessive. He said he thought the appropriate sentence would have been between 6 and 9 months. Having regard to the circumstances of this case and, in particular, that he committed this offence within a month of his release from prison for theft, I think the proper sentence should have been 12 months. The appeal against sentence is allowed, the sentence of 18 months is set aside and I substitute a sentence of 12 months' imprisonment.

Representation: