HKSAR v. Tran Van Chuong

DCCC 831/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 831 OF 2013

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REASONS FOR SENTENCE

1.The defendant pleads guilty to one charge of theft, contrary to section 9 of the Theft Ordinance, Chapter 210 and section 159G of the Crimes Ordinance, Chapter 200.

2.The theft is one of pickpocketing.  Briefly at around 8:50 p.m. on the 24 July this year police officers were conducting anti-crime patrol on Nathan Road when they saw the defendant acting suspiciously by looking at the bags of passers-by.  On reaching the junction of Tung Choi Street and Shantung Street the defendant walked closely behind Miss Zhang Yijing and took out Miss Zhang’s iPhone 5 from the right front pocket of her shorts.  WPC 6889 immediately intercepted the defendant who admitted under caution that he tried to steal the phone because he was out of money. 

3.In passing sentence I have carefully considered everything said on behalf of the defendant by Mr Lau.

4.In HKSAR v Ngo Van Huy[2005] 2 HKLRD 1 as applied in HKSAR v Duong Van Dung & others CACC 284/2004 the Court of Appeal confirmed the guideline sentence for pickpocketing after trial is 12 to 15 months imprisonment for a first offender, where there are no aggravating features.  Aggravating features include where the offence is committed in a place in which the public is at particular risk, such as crowded areas where the pedestrian traffic is heavy.  In the cited cases all offences were committed, as in the present case, in Mongkok, which is well known to be crowded particularly in the early evening.

5.The fact an accused is a persistent offender is also an aggravating feature.  The defendant has appeared in court on 19 occasions amassing a total of 23 convictions with 20 involving dishonesty, 6 specifically stated to be pickpocketing.  The last appearance was before the District Court on the 24 June 2010 in DCCC 543/2010 when the defendant was sentenced to 20 months imprisonment.

6.Taking into account the defendant tried to steal an iPhone I am satisfied the initial starting point after trial is 15 months imprisonment (see for example HKSAR v Liu Lin Feng CACC 206/2011).  By reason of the aggravating features that the offence was committed in the early evening in Mongkok, at a time when the streets are crowded, and that the defendant is a persistent offender, I am satisfied the starting point is to be increased to 30 months imprisonment (see for example HKSAR v Doan Van Do CACC 286/2004 heard together with HKSAR v Duong Van Dung CACC 284/2004 and HKSAR v Pham Ngoc Trinh CACC 439/2004).

7.Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 1 year and 8 months imprisonment.