HKSAR v. Dang Van Tuan also known as To Quang Tuan
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DCCC 152/2014 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO 152 OF 2014 ----------------------
--------------------- Reasons for Sentence --------------------- 1.The defendant has pleaded guilty to one offence of theft. This occurred on 7 January this year, 2014, in Lai Chi Kok Road. 2.The defendant has accepted the facts of the case and I have convicted him accordingly. 3.The facts of the case show that this is a case of theft by way of pickpocketing. The offence occurred in Lai Chi Kok Road, where the victim was walking along that road with her mobile phone, which is a white Samsung Galaxy S2 worth about $3,000, stored in her right pocket of her coat. 4.The defendant was seen to follow the victim by police officers. Eventually, the defendant was seen to stretch his right hand inside the victim’s coat pocket and take out the mobile phone and then flee. 5.He was subsequently arrested and detained by police. 6.The defendant admitted, when cautioned, that he did not have money for food and stole the mobile phone to sell, and that he was wrong. 7.The defendant’s antecedents show that he is a 43-year-old male. He was born in Vietnam and arrived in Hong Kong in 1988. The defendant is said to have lung disease and has been a drug addict. He is single with no fixed abode. 8.He has a number of previous convictions. He has 24 court appearances, 13 of which were for similar offences. He was most recently released from detention in October of 2013. 9.For the offence of theft, the defendant has been fined, sentenced to Drug Addiction Treatment Centre, received sentences of imprisonment ranging between 2 months in 1999 to 2 years’ imprisonment in 2009. 10.His most recent offence was in 2012, a sentence of 2 years’ imprisonment for dealing with property known or believed to represent the proceeds of an indictable offence. 11.It can be seen from this summary that the defendant has a poor criminal record and a poor record for dishonesty. 12.He has admitted the offence from the beginning and has expressed remorse. He attributes his commission of this offence and previous offences to his economics problems. 13.As far as sentence is concerned, there are guidelines for the sentencing of offences of this nature. This is a simple offence of pickpocketing committed by placing the hand into the pocket of the victim. 14.The starting point for an offence of this nature for a person of clear record ranges between 12 to 15 months’ imprisonment. 15.There is a degree of professionalism in conducting an offence in this way. 16.I will take a starting point for the offence itself of one 15 months’ imprisonment. 17.As far as other aggravating factors are concerned, the offence was committed on Lai Chi Kok Road. This is not described as a crowded location. There is no further aggravation on that in the location. 18.The defendant committed the offence alone. 19.The further aggravating factor for sentence is the defendant’s prior criminal history. There are a number of convictions for the same offence, with repeated sentences of imprisonment for this from 1999 onwards to 2009. It is, as I said, a poor record, but not the worst that the courts have seen. 20.I consider that the appropriate increase in sentence in respect of this factor, this aggravating factor, is one of 9 months’ imprisonment. 21.This gives a sentence of 24 months’ imprisonment, from which deduction for his plea of guilty can be taken. 22.The defendant is entitled to a one-third deduction, which is 8 months’ imprisonment, giving a final sentence of 16 months’ imprisonment.
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