HKSAR v. YU LUNG HOI

DCCC 779/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 779 OF 2013

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HKSAR
v
YU Lung-hoi

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Before: Chief District Judge S. T. Poon

Date: 2nd October 2013

Present: Ms Janice Cheuk, Public Prosecutor for HKSAR.
Mr Simon S. M. Lau of Messrs Lau & Ngan, assigned by the Director of Legal Aid, for the defendant.
Offences: (1) Attempted theft (企圖盜竊罪)
(2) Failing to surrender to custody without reasonable cause (無合理因由而沒有按照法庭的指定歸押)

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Reasons for Sentence

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1. The defendant is charged of one count of attempted pickpocketing and one count of failing to surrender to custody without reasonablecause.

2. He pleads guilty before me.

3. The defendant, together with another person, spotted a young woman in Mongkok and attempted to open the zip of her bag to steal. They were caught at scene by police officers.

4. The defendant was later granted bail at Kwun Tong Magistracy but he failed to appear since then. He was later re-arrested by thepolice.

5. That other person in the subject offence was sentenced by Deputy District Judge Lin in the District Court. For this offence, hewas given a sentence of 20 months upon his guilty plea.

6. The defendant is a repeated offender of theft and pickpocketing, having 10 previous theft-related convictions.

7. The present offence happened in a busy area and he was acting in concert with another person.

8. I see the sentence given by Deputy District Judge Lin an appropriate sentence and I see no reason to depart from that.

9. For Charge (1), I adopt a starting point of 30 months’ imprisonment and, taking into account the defendant’s plea, it is reducedto 20 months.

10. For Charge (2), I adopt a starting point of 6 months’ imprisonment and, taking into account the defendant’s guilty plea, itis reduced to 4 months.

11. They are separate offences and I see it appropriate to order that the two sentences be served consecutively.

12. I note that the defendant is now serving a sentence of 12 months’ imprisonment for two other unrelated offences committed nearlya year after his absconding from bail for the present offence.

13. Notwithstanding the submission by Mr Lau, solicitor for the defendant, after consideration of the totality principle, I do not seeit appropriate to order any part of the present sentence be served concurrently with his existing sentence.

14. In the circumstances, for the present offences, the defendant be sentenced to a total of 24 months’ imprisonment and all to beserved consecutively with the sentence he is serving.

S. T. Poon
Chief District Judge

Please refer to CACC379/2013 for the relevant appeal(s) to the Court of Appeal.