HKSAR v. CHEUNG SIU HUNG

HCMA483/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 483 OF 2009

(ON APPEAL FROM ESCC 2504 OF 2009)

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J U D G M E N T

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1.  The appellant, who is 57 years of age, was on 27 May 2009 sentenced to be imprisoned for 6 weeks for an offence of theft contrary to section 9 of the Theft Ordinance, Cap. 210.  He had pleaded guilty to that charge and this is his appeal against that sentence. 

2.  The facts admitted by the appellant revealed that on 25 May 2009 in the early afternoon he had stolen two red packets each containing HK$10 from a parked, unlocked light goods vehicle in Des Voeux Road West. 

3.  A witness had seen the appellant approach the unlocked light goods vehicle, open the door and take two red packets from inside.  A report was made to the police and the appellant was located and apprehended nearby.  After he was arrested the appellant admitted the offence.

4.  The appellant has a lengthy criminal record which dates back to 1981.  Of the 15 recorded convictions no less than 10 are for offences of theft or dishonesty.  Most recently he was convicted on 4 March 2009 of theft and sentenced to 4 weeks’ imprisonment.  On 28 October 2008 he was convicted of attempted theft, again from a motor vehicle.  On that occasion he was sentenced to be imprisoned for 30 days.

5.  In her reasons for sentence the magistrate said that :

“… I do not consider that a lesser sentence could properly be imposed.”

I agree.  Notwithstanding that the amount of money involved was small nevertheless given the whole of the circumstances and the appellant’s appalling criminal record, the sentence imposed was appropriate.

6.  The appeal is dismissed.