The Queen v. Vu Dinh Khoat

MCA No. 839 OF 1987

Pickpocket – Sentence – 18 months outside normal range – reduced to 12 months.

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 839 OF 1987

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BETWEEN

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Coram: Hon. Bewley, J. in Court

Date of hearing: 4th December 1987

Date of delivery of judgment: 4th December 1987

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J U D G M E N T

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1. The appellant was convicted of theft and sentenced to 18 months imprisonment.

2. It was a bad case of pickpocketing, in which a term of three, including the appellant, took a wallet from the handbag of a tourist. Fortunately the theft had been observed by the police Anti-pickpocket Squad and the appellant was arrested.

3. The appellant is 21 and has two previous convictions in 1985 for attempted theft. His family have recently arrived from Vietnam and are in camp. It is submitted that he stole in order to be able to provide them with food and clothing.

4. There was nothing else to be said in mitigation. The sentence however is outside the normal range for this offence, which is 9-15 months. In R. v. Yu Lap-wai MA 866 of 1986, the sentence of 2 years was reduced to 15 months in the case of another, but older, professional pickpocket, who had a much worse record.

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

Mr. Stephen Wong, Crown Counsel, for Respondent

Miss Josephine Pinto (assigned by D.L.A.) for Appellant