HKSAR v. Ho Sui Sum

DCCC273/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 273 OF 2010

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Reasons for Sentence

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1. Defendant, you have pleaded guilty to one count of theft, contrary to section 9 of the Theft Ordinance, Cap. 210 of the Laws of Hong Kong, the particulars being that, on 8 February of this year, inside an MTR train at Kowloon Tong Station, you stole a wallet containing cash of $118 and three cards.   

2. The brief facts, which you have admitted, are all too familiar and indicate that you were caught red-handed on the train, having opened the victim’s rucksack and taken away her wallet.  At the time of interception you dropped the wallet and attempted to flee, but were successfully apprehended.

3. Pick-pocketing in crowded areas such as the MTR is all too prevalent, and that is in itself an aggravating feature, as is your appalling previous record of convictions.  You have numerous prior convictions for offences of theft, and in particular have four prior convictions for pick-pocketing, the last of which was as recently as June of last year. 

4. I take into account all that has been said on your behalf by way of mitigation.  But it is your plea of guilty that is the only mitigation, and I will give you credit for that. 

5. I adopt as my starting point a sentence of 15 months’ imprisonment.  But due to the aggravating features that I have referred to I will increase that starting point by 6 months, coming to 21 months’ imprisonment.  I will discount this sentence by one-third to take account of your plea of guilty, arriving at a sentence of 14 months’ imprisonment.