HKSAR v. MORALES ALVA, ADILIO VICTORIANO (D2)

Date of Hearing:  16 March 2007

Date of Judgment:  16 March 2007

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J U D G M E N T

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1.  This is an appeal against a sentence of 8 months’ imprisonment following a plea of guilty to an offence of theft.

2.  The Appellant was a visitor at the time, from Peru.  He, with a fellow national, in December of last year, was spotted keeping an eye on a group of foreign tourists at the Airport Express bus stop in Nathan Road.  Officers kept them under observation and, at Disneyland, they saw the Appellant steal an expensive digital Sony camera from the top of a pram whilst the victim had placed it there to purchase tickets for admission.

3.  The magistrate took the view that the Appellant had obviously come to Hong Kong in order to commit crime.  On the available facts, one cannot but share that view.  But even without that aggravation, a starting point of 12 months for a theft like this is entirely within the usual range of sentences these courts pass for such conduct. 

4.  Today, the Appellant, before me, said that he had decided to withdraw his appeal but that he wished to address me in order to ask for forgiveness and show respect to the court, but he then added that he would like his sentence reduced for humanitarian reasons.  Investigation revealed that they could be that he had problems walking and that he was missing his young son and wife back in Peru.  I think he realised that those were not really humanitarian reasons that could support a reduction in his sentence.  I confirm it to be so. 

5.  Accordingly, the appeal against sentence is dismissed.