HKSAR V Duong Van Dung

DCCC 817/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 817 OF 2013

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Reasons for Sentence

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Charge and facts

1.At around 10.20 am on 27 July 2013 the police spotted the defendant taking out a smart phone, (a Sony Xperia as shown to Court) valued at $5,400, from the victim owner’s rucksack from behind.  He was still holding it after crossing the road when he was intercepted and searched by the police.  The location was near a food market.  At the time of the offence it was a crowded place.  He now pleads guilty to the offence of theft. 

Personal background and mitigation

2.The defendant was born in Vietnam in 1971, now aged 42.  His parents are still there.  He has 12 previous records for theft and attempted theft, 4 of which were for pickpocketing.  The last record for theft was dated 2009 where he was given 18 months’ imprisonment. 

3.His solicitor accepts that his being a repeat offender for theft and the location being a crowded place are both aggravating factors in sentencing.  He asks me to take a starting point of below 30 months.  

Sentencing considerations

4.In HKSAR v Ngo Van Huy [2005] 2 HKLRD 1, the Court of Appeal laid down a guideline sentence of 12 to 15 months for pickpocketing after trial for a first time offender.  A heavier sentence would be imposed where there were aggravating factors, which included:

(1) The offence committed in a place in which the public is at particular risk, such as crowded places like the MTR or the race course, crowded shopping areas where the pedestrian traffic is heavy;

(2) Repeat or persistent offending.

5.The defendant’s solicitor in mitigation has handed up 2 other cases for comparison of sentences, ie 香港特別行政區訴范泰文寶 CACC 206/2010, HKSAR v Tsui Chiu Kwai (徐招貴) CACC 452/2011.  Together with HKSAR v Ngo Van Huy(above), they demonstrated a range of a few months being adopted for each said aggravating factor. 

Sentencing present defendant

6.I take a basic starting point of 15 months.  I add 3 months for its being a crowded place, another 9 months for his persistent offending for theft.  The starting point is 27 months.  Allowing a one-third discount for his plea of guilty, the sentence is 18 months.  There are no other mitigating factors.