The Queen v. Hau Tai Wai

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 769 OF 1987

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BETWEEN

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Coram: Hon. Bewley, J. in Court

Date of hearing: 24th November 1987

Date of delivery of judgment: 24th November 1987

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JUDGMENT

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1. The appellant pleaded guilty to theft and was sentenced to 20 months imprisonment. He was caught red-handed pick-pocketing a wallet on a train at Lowu.

2. The appellant is 29 and has four previous convictions for theft. He has been to prison only once before when he was sentenced to eight months in January, 1986.

3. In his statement of findings the learned magistrate points out that this offence is all too prevalent on trains between Hong Kong and China and says he considers that the starting point for the sentencer should be two years.

4. Having regard to the recent authorities cited by counsel, I am satisfied that this is too high. In an ordinary case, such as this, the starting point should be in the region of 15 months.

5. The only mitigating factor was the plea of guilty, for which the magistrate allowed a discount of four months.

6. The appeal is allowed and the sentence reduced to 12 months imprisonment.

Mr. Eddie Sean, c.c. for Crown.

Mr. R. Murray, instructed by DLA, for appellant.