HKSAR v. Lau Choi Kwan

DCCC 79/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 79 OF 2013

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a single offence of theft, contrary to section 9 of the Theft Ordinance, Cap.210. You admitted the facts and I convicted you.

2.The facts were as follows.  On 18 November last at 1304 hours PC4458, PW1, was on duty inside the Jockey Club premises at Yu Chow Street, Sham Shui Po.  You stood behind the male victim who was concentrating on the horse racing, you inserted your right-hand into the left pocket of his jacket and stole a white box.  PW1 intercepted you and seized an open pack of cigarettes containing 11 cigarettes from your right-hand.  The victim confirmed them to be his.  You were arrested and cautioned.  You claimed the cigarettes belonged to you. 

3.The location is an off course betting centre and was crowded.  A TV was showing live racing and it was a race day.  You admitted to 57 previous convictions, 24 which involved dishonesty and 14 are theft by picking pockets.  

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5.Mr Chan entered mitigation on your behalf, that mitigation has been reduced to writing and for that I am very much obliged.  He told me that you are 71 years of age and a widower.  You had been employed as a barber but you are in receipt of CSA.  He told me that you are a drug addict. He conceded that there were no significant health issues involved.  Mr Chan fairly, and indeed with little choice, conceded that you do have an appalling criminal record and an appalling record of picking pockets.  This is based upon your addiction.  He begged for leniency on your behalf. 

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7.He referred me to some sentencing cases, the most significant being HKSAR v Pham Bich Thuy DCCC392/2011.  That was referred to by the Court of Appeal in their decision in HKSAR v Ngo Van Huy [2005] 2 HKLRD 1.  Basically in that case 15 months was approved as a starting with an additional period of imprisonment added on for the crime taking place in a crowded place and the appalling record of the defendant.  The other authorities referred to persons of advanced age.

8.I turn now to the sentence.  You are 71 years of age.  You are a man with an appalling criminal record.  I have to comment that you cut a fairly sad figure standing there in the dock.  There are two aggravating features in this case the first being, of course, that it took place in a crowded area, that is the off course betting centre and the second is your appalling record that I have made reference to.  However, in fairness to you there are to mitigating factors, the main one that I perceive is the fact that the theft was of a packet of cigarettes, it was not of a wallet, which would encompass credit cards, ID card, driving licence and cause a lot of inconvenience to the owner.  Though having said that it may be entirely fortuitous that it was only cigarettes.  The second of course is your age, you are 71 years old. 

9.In all the circumstances and taking all factors together I cannot see any useful purpose to be served by imposing an unduly severe sentence though I am duty bound to increase the starting point from the usual 15 months because of that appalling record, allowing for the two aggravating features I take as a starting point of 21 months’ imprisonment reduced to 14.  You will go to prison for 14 months.