HKSAR v. Li Cheuk Sum

HCMA 885/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 885 OF 2010

(ON APPEAL FROM TWCC 2906/2010)

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BETWEEN

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Before: Hon Wright J in Court

Date of Hearing: 5 January 2011

Date of Judgment: 5 January 2011

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J U D G M E N T

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1.The appellant was convicted after trial of a single charge of attempted theft on 29 October 2010 and was sentenced to undergo imprisonment for a period of 16 months.

2.The offence occurred on 5 October 2010 when a plainclothes police officer had observed the appellant attempting to remove items from the handbag of a female pedestrian.  The appellant elected not to give evidence or call any witnesses.  The magistrate, in the circumstances, accepted the evidence of the prosecution witnesses and convicted the appellant.  The appellant initially gave notice of intention to appeal the conviction but abandoned that. 

3.In sentencing, the magistrate took into account a number of long-standing authorities that for the offence of theft by pickpocketing 12 to 15 months imprisonment after trial is appropriate for a first-time offender.  Amongst some 32 previous convictions spread between 1968 and 2009, the appellant has 16 convictions of theft of which 4 are specifically itemised as pickpocketing.

4.The magistrate took an initial starting point of 12 months imprisonment which he enhanced by 4 months because of the appellant’s appalling criminal record.  That was an entirely appropriate approach. The sentence is in accordance with current sentencing practice.  The appeal is dismissed.

Ms Peggy Leung, Ag Senior Public Prosecutor of the Department of Justice, for the Respondent

Appellant, in person, present