HKSAR v. Dashdorj, Dashdavaa

HCMA996/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 996 OF 2007

(ON APPEAL FROM ESCC 3510 OF 2007)

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BETWEEN

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Before : Deputy High Court Judge Line in Court

Date of Hearing : 29 November 2007

Date of Judgment : 29 November 2007

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J U D G M E N T

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1.This is an appeal against a sentence of eight months' imprisonment imposed following a plea of guilty to an offence of theft.

2.The appellant is a lady from Mongolia who, in the summer of this year, was with two of her fellow nationals when they entered a jewellery accessory shop.  A customer was there shopping and had put her wallet down beside her.  That wallet and its contents were stolen.  The theft was successful in that there was no apprehension at the time but, later in the day, uniformed policemen stopped this appellant and found the stolen property upon her.  It is quite clear that she had been acting in concert with the two who had got away.   

3.The magistrate treated the offence as akin to pick-pocketing.  I agree with him and adopt the same approach.  Accordingly, a starting-point for sentence of 12 months is the least the appellant could expect.  She was sensible to plead guilty and receive the suitable discount and the sentence of eight months is, I regret to say, for her, unassailable. 

4.She spoke to me eloquently about her worries concerning her mother left in Mongolia, especially as winter was coming on, but I regret those sort of considerations are ones that habitually attend the predicament of those who come from foreign countries and commit crime in Hong Kong.  The appeal against sentence is dismissed.

Representations:

Ms Olivia Tsang, Senior Government Counsel (Acting), of the Department of Justice, for the Respondent

Appellant:  Dashdorj, Dashdavaa, in person