HKSAR v. OTGONBAT ODBAYAR

HCMA 694/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 694 OF 2012

(ON APPEAL FROM KCCC 3543/2012)

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BETWEEN

	HKSAR Respondent
and
	OTGONBAT ODBAYAR	Appellant

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Before: Hon Fung J in Court

Date of Hearing: 8 November 2012

Date of Judgment: 8 November 2012

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J U D G M E N T

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1.  The Appellant pleaded guilty to one count of theft before Magistrate Peter Law Esq, and was sentenced to 4 months’ imprisonment.

The fact

2.  The Appellant used a tinfoil lined paper bag to commit shop theft.  There was an accomplice in the shop together with the Appellant.

The Magistrate’s reasons

3.  The Magistrate stated that it was a premeditated act of theft with an accomplice and not simply a case of acting impulsively out of greediness.  He took 6 months as the starting point and gave one-third discount for plea, which became 4 months.

Grounds of appeal

4.  The Appellant submitted that he is 18 years old, a last year computer science student at university in Mongolia.  The study term has already started in September, so even one day is important for him.

5.  I see nothing excessive about the sentence.  The appeal is dismissed.

(B. Fung) Judge of the Court of First Instance High Court

Ms Noelle Chit, Public Prosecutor of Department of Justice, for the Respondent

The Appellant, in person