HKSAR v. Le Thi Tuyet and Another

DCCC36/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 36 OF 2009

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Reasons for Sentence

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D1’s mitigation

1. D1 pleaded guilty to the charge before me.  She has five convictions, three convictions related to theft in 1994 and 2004, last conviction in 2004 for handling stolen goods.

2. She was married with five children.  Husband was recently sentenced to jail and she has to return to Hong Kong from Vietnam to look after her children.  The commission of the present offence was due to the lack of financial support.  D1 and her daughter also write to this court to ask for leniency. 

D2’s mitigation

3. D2 was convicted after trial.  In mitigation, I was told that she is a single mother with three children, all are students.  She received public assistance of about $10,000 per month.  She has eight previous convictions, seven related to theft charges from 1993 to 2004. 

The fact of the prosecution case

4. D1, a girl ( D1’s daughter ) and D2 entered a shop when PW1 was shopping inside. The 3 of them stood behind PW1.  The girl pointed at PW1’s pouch, both D1 and D2 looked at his pouch.  D2 picked up a box of toys and held it on her left hand while D1 pickpocketed PW1’s MP3.  PW1 did not know that he was being pickpocketed until PW2 got hold of D1 and 2. 

5. It is clear that there are degrees of professionalism in the commission of this offence.  The forming of a human wall by the defendants, the closing up of the space between PW1 and the defendants, the patting and the pointing by the girl to PW1’s pouch, the holding of the toy box by D2, the actual stealing by D1, all involved understanding and co-operation between the defendants.  It was an organised operation and also a group of pickpocketing.

6. The normal starting point is 15 months where the pickpocket is acting alone, this is the case of R v Vy Van Kien & others [1991] 1 HKLR 422.  Whereas defendants are acting in concert to pickpocket, a higher sentence should be imposed.  I therefore impose a sentence of 18 months on both defendants.  However, one-third discount to D1 to reflect her guilty plea and that is 12 months for D1 and 18 months for D2.