HKSAR v. Ganbold Munkh Erdene and Another

DCCC 435/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 435 OF 2014

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Reasons for Sentence

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1.The defendants faced one charge of theft to which the 1st defendant pleaded not guilty and the 2nd defendant pleaded guilty.

2.The evidence called and agreed in their cases show that this is a pickpocketing committed in the early hours of the morning in the Tsim Sha Tsui area where the two defendants acted in concert.  The item taken was a wallet which contained $380 in cash and some cards but was recovered due to the prompt action of the police. 

3.The defendants are from Mongolia and have Mongolian passports.  The 1st defendant is 32 years old, of clear record, is divorced and lives with his parents.  The 2nd defendant is 31 years old and he has a wife and now three children.  He also is a person of clear record.

4.As far as their personal circumstances are concerned, of relevance to the 2nd defendant is that his wife has recently given birth to a child and his mitigation includes the fact that he came here as a tourist and was on a tourist visa here, here for sightseeing.  It would appear at some point he must have got together with the 1st defendant and they determined to commit this offence.

5.The starting point for a simple pickpocketing case can range between 12 to 15 months’ imprisonment for a person of clear record and where more than one person acts in concert with a degree of professionalism, starting points of up to 30 months’ imprisonment have been adopted by the courts. 

6.Now as far as this case is concerned, the aggravating factors would be that the defendants acted together, that the decision to steal must have involved some planning and by acting in concert they removed the wallet from the person who actually takes the item thereby attempting to defeat any investigation.  So a degree of planning has been shown in this offence. 

7.As far as the location is concerned, it is an area where people returning from drinking in nightclubs can expect to be found, to a certain extent they were preying on those people although at that time of night it cannot be described as busy.

8.Taking all these factors into account, I have determined that an overall starting point for this offence of 24 months is appropriate.  As far as the 1st defendant is concerned, that will be the sentence I will impose on him.

9.As far as the 2nd defendant is concerned, he is entitled to a one-third discount for his plea of guilty so his sentence will be one of 16 months’ imprisonment.

(T Casewell) District Judge