HKSAR v. Lam Kay

HCMA 318/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 318 OF 2012

(ON APPEAL FROM ESCC 5124 OF 2011)

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Before: The Honourable Mrs Justice V Bokhary in Court

Date of Hearing: 7 June 2012

Date of Judgment: 7 June 2012

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J U D G M E N T

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1.This Appellant, a man of previous good character in his 40s, appeals against his conviction in the Magistrates’ Court on a charge of theft. The particulars of the charge are that he stole a packet of bread worth $25.90 at a supermarket. What he did was to eat one of the four buns in the packet and walk out of the supermarket without paying.

2.In the witness-box, he testified, just as he had said immediately upon being apprehended outside the supermarket by a member of the staff, that he thought that what he ate was a free sample for tasting.

3.Upon a careful consideration of the whole of the evidence, and all the circumstances, I do not feel able to consider this conviction safe.  There is a lurking doubt as to whether there was a misunderstanding on the Appellant’s part.

4.The just course, in my view, is to quash this conviction.  Accordingly, the appeal is allowed.  And the conviction is quashed.

The appellant appeared in person

Ms Hermina Ng, of the Department of Justice, for the respondent