HKSAR v. Batbileg, Lutchuluun

HCMA 264/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 264 OF 2008

(ON APPEAL FROM KCCC 116/2008)

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BETWEEN

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Before:  Deputy High Court Judge Line in Court

Date of Hearing:  5 June 2008

Date of Judgment:  5 June 2008

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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 9 months' imprisonment imposed following a conviction for theft. 

2.The appellant was part of a gang of three Mongolian men who, in January of this year, carried out a carefully-prepared plan to steal from a shop in Tsim Sha Tsui.  The three acted together and skilfully removed a black leather jacket from a shop named Zara.  They had been under observation before, during and after their criminal enterprise by a team of police officers. 

3.The facts fit a pattern of similar cases where groups of men set on theft come to Hong Kong and steal in such a manner.  Such conduct is serious and it amply merits a starting-point of 9 months' imprisonment. 

4.The other two men pleaded guilty and were sentenced in the usual way after the discount to 6 months' imprisonment.  The appellant here had a two-day trial and could not claim the discount, hence the difference in sentence and it is that which has really prompted him to appeal, because his accomplices have now gone back to Mongolia and he remains here missing his family, of whom he was the sole support, missing especially his children. 

5.Despite an accomplished plea in mitigation, I have to say that I cannot allow this appeal and it is dismissed because I judge the sentence to be a perfectly proper one. 

Mr Joseph Wong, Senior Government Counsel of the Department of Justice, for the Respondent

Appellant, Batbileg, Lutchuluun (D2), in person