HKSAR v. Vo Huu Phuoc

DCCC1193/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1193 OF 2010

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Reasons for Sentence

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1.Vo Huu Phuoc, you have been convicted on your own plea on a charge of attempted theft.

2.The offence took place in the vicinity of a crowded market stall in Pei Ho Street Market in Sham Shui Po on

3.You approached a woman who was carrying a shoulder bag from behind, unzipped the outer section of the bag and put your hand inside.

4.Unknown to you at the time, the woman from whose bag you were attempting to steal was a woman police constable who was on anti-crime patrol.  Her colleague saw what was happening and apprehended you.

5.You pulled your hand out of her bag and the woman police constable found that you were still holding two $2 coins in your hand, which had previously been in that section of her bag.

6.When you were cautioned, you admitted the offence and claimed you were attempting to steal because you had no money. 

7.However, when you were searched, you were found to have $70 on you.

8.As I am sure you have been told on a number of occasions in the past, the normal starting point for a first offender who steals by pickpocketing is between 12 and

9.You are not a first offender, and I will come to that later.

10.I bear in mind that you have only been convicted of attempted pickpocketing, but it was purely by chance that your attempt did not succeed, and in the circumstances of this case, I see no reason for the purpose of sentence to distinguish your case from that of somebody who had succeeded in his attempt to steal.

11.I bear in mind that there were only two $2 pieces in the compartment of the bag in question, and therefore, it was only these two coins that you were in a position to steal.

12.However, the courts have said that in cases of pickpocketing, the value of what a pickpocket is attempting to steal is of limited significance, because a pickpocket normally has no idea of what it is that is going to be in the pocket or bag in which he is inserting his hand.

13.If you had been a first offender and there had been no other aggravating circumstances, I would have regarded a starting point of 12 months’ imprisonment as being appropriate.

14.There are, however, circumstances that make this case considerably more serious.

15.Firstly, it was committed in a crowded market area, and this is the sort of place where members of the public are particularly vulnerable.

16.I increase the starting point by 3 months to reflect that circumstance.

17.Secondly, and more important, you are not a first offender.  You have an appalling record and have been before the courts again and again.

18.12 of your previous convictions involve either theft, attempted theft or robbery.  Five of those 12 offences involve pickpocketing.

19.You had only been released from prison in May this year, following a sentence of 15 months’ imprisonment in January 2008 for another offence of pickpocketing.

20.Previous sentences of imprisonment have not deterred you from repeating this sort of offence.  You are clearly a menace to society.

21.In my view, this factor warrants a further enhancement of 12 months from the initial starting point.

22.The overall starting point, therefore, that I adopt is one of 27 months’ imprisonment.

23.I discount that by one-third to reflect your plea of guilty, and sentence you to 18 months’ imprisonment.