HKSAR v. Wong King Pan and Another

DCCC665/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 665 OF 2011

----------------------

---------------------

Reasons for Sentence

---------------------

1.Both defendants have pleaded guilty today to one charge of theft, contrary to section 9 of the Theft Ordinance, Cap.210.

2.This is a classic pick-pocketing case.  Both defendants were spotted by police officers hanging around in Kwun Tong.   They attracted the attention of the police officers on patrol.  Not long after the officers started to follow and observed the 1stand 2nd defendants, they saw the defendants target a woman carrying a handbag.  Both defendants followed this woman into a crowded shop.

3.The police obviously kept them under surveillance. One defendant stood beside the victim whereas the other stood behind his accomplice and the victim.  The one behind in this case,  the 1st defendant, unzipped the victim’s handbag, put his hand inside, took out her wallet and hid it in his own bag.   Without a word, both left the shop together.

4.They were obviously caught outside the shop by the police.  Under caution, they admitted their guilt.  Their best mitigation today is their plea of guilty.  Both defendants have written a letter of mitigation to the court giving details of their background and asking for leniency, both expressed remorse.

5.Both have appalling criminal records, over 20 previous convictions, with many relating to offences of dishonesty including pick-pocketing offences.

6.A pick-pocketing offence will attract a custodial sentences, even for a first-time offender, let alone a persistent offender. I also take into account from the facts both acted together; they acted professionally.  There was concerted plan by both defendants to target victims in crowded public areas.  I consider these aggravating factors.   To target members of the public in crowded areas puts them at risk and makes them vulnerable.

7.Defendants, please stand up.  After considering your pleas, your backgrounds, mitigation, facts of the case and the factors I considered aggravating, I will take a starting point of 21 months.  Both are entitled to a discount of 7 months for your pleas.  Both defendants are sentenced to 1 year and 2 months for this joint offence.