HKSAR V v. Huu Phuoc

DCCC 153/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 153 OF 2013

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Reasons for Sentence

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1.You have pleaded guilty before me to one count of theft, it is pick-pocketing. The prosecution case was that on the day of the offence you were seen following a female shopper in a wet market in Sham Shui Po area. She was carrying a handbag at the time. Whilst she was choosing seafood from a stall you picked her handbag and took away $320 cash and your action was under the observation of a police officer who took action and arrested you.

2.You, aged 53, have amassed 33 previous convictions from 1986, 14 of which are dishonesty offences, seven of them are actual pick-pocketing, and in fact the last four convictions since 2006 are all related to pick-pocketing, and the very last one in 2010 you were sentenced to 18 months’ imprisonment. 

3.Your counsel took me through briefly your background and put forward that there were no aggravating features in the commission of the present offence, such as no weapon used, it was not an organised crime - a syndicate one, but I can tell you there are aggravating features other than that.  You committed the offence in a crowded place - the wet market.

4.There are sentencing guidelines for this type of offence. The usual consideration is between 12 to 15 months’ imprisonment and the starting point will be increased to take into account any aggravating features. 

5.Looking at the circumstances of the facts in this case I take 15 months as a starting point.  You committed the offence in a crowded place, the wet market, and for that I add 3 months on top. 

6.Looking at your record, clearly you are a repeat offender. 

7.The fact that you are a repeat offender I add 9 months on top.  That would take the starting point to 27 months’ imprisonment. As far as your mitigation is concerned, apart from your guilty plea, I see no other factors of substance. 

8.I reduce the sentence by one-third to reflect you plea and you are sentenced to 18 months’ imprisonment.