HKSAR v. Ha Kin Man

DCCC 578/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 578 OF 2013

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a charge of theft, contrary to section 9 of the Theft Ordinance.

2.You have admitted that on 28 April 2013 at a grocery store in Nam Cheong Street, Sham Shui Po, you pickpocketed from a man a bag containing a pair of scissors, two pairs of pliers, and cash of $20. Just before 7 pm that day, there were police officers keeping you under observation as they had seen you acting furtively and following female passers-by and staring at their handbags.

3.You then entered a grocery store, and one officer followed you into the store.  Two officers remained outside the store, whilst in the store, the officer saw you standing close behind the victim in the charge, a Mr Wong.  He then saw you take out a blue object from Mr Wong’s shoulder bag that he was carrying.  As soon as you took the blue object, you left the store

4.At this juncture, the officer alerted the two other officers who were standing by outside.  They then intercepted you.  At that time you were holding a blue bag in your hands.  Mr Wong then confirmed that that blue bag was his property and inside was the stolen property belonging to him.

5.You were arrested and cautioned, and under caution you told the officer, it was only because you did not have money for a meal that you stole the wallet.

6.Your counsel, Mr Hatten Kong, has mitigated fully and thoroughly on your behalf, and I have taken into account all that he has had to say for you.  You are 53 years of age and have 20 previous convictions.  15 of those convictions relate to theft, and seven of them are for a similar offence of pickpocketing.  You are single, and live alone in Castle Peak.  At the time you were arrested, you were unemployed.

7.Mr Kong has submitted to me that the reason you committed this offence was because you were in financial difficulty and were hungry.  The reason for you being in financial difficulty is that as a result of your past convictions, background and history, you have had difficulty in finding any employment.  Therefore you resorted to this type of crime to sustain your living.

8.Mr Kong has submitted that this case is not the worst of its kind and you had acted alone.  I accept Mr Kong’s mitigation in that the strongest mitigating factor is your early plea of guilty and admission to the police at the very time you were arrested.  Mr Kong has properly directed me to the case of HKSAR v Ng Van Hui CACC107/2004, where the Court of Appeal laid down guidelines for pickpocketing.  I have no doubt, however, that you are very familiar with the sentencing and principles in respect of pickpocketing, as you have many pickpocketing previous offences. Your earliest conviction was in your 20s.  For the next 30 years, defendant, you have spent most, if not the majority, of your time deprived of your liberty in prison.  You are what appears to be a professional pickpocketer.  It is obvious from the sentences previously imposed upon you they have had no deterrence at all.

9.Your last sentence of imprisonment was imposed in August 2012.  You were discharged from that term on 19 February 2013. No less than two months later, you again committed this offence.  It is clear that the public should be protected from people like you.

10.Defendant, for the offence of pickpocketing, I would have imposed a sentence of 15 months’ imprisonment had I convicted you after trial.  There is an aggravating factor in this case which is your previous convictions.  You have an appalling record.  You have seven previous convictions similar to pickpocketing and a total of 15 convictions related to theft out of your 20.

11.In those circumstances, an enhancement to that term should be imposed.  I enhance the term by a further 9 months.  In those circumstances, had I convicted you after trial, I would have imposed a sentence of 24 months’ imprisonment. 

12.Giving you full credit for your plea of guilty, that term shall be reduced to 16 months’ imprisonment, to which you shall be so sentenced.