HKSAR v. DASHDORJ, DASHDAVAA

HKSAR v. DASHDORJ, DASHDAVAA

The offence was equivalent to pick-pocketing which justifies a 12-month starting point; after allowing a guilty plea discount the eight-month sentence was appropriate and the appeal against sentence is dismissed.

Source-derived case information.

Citation
HKSAR v. DASHDORJ, DASHDAVAA
Parties
Respondent: HKSAR; Appellant: Dashdorj, Dashdavaa
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 November 2007
Case Number
HCMA996/2007
Procedural Posture
Appeal Against Sentence (magistracy Appeal) / Court of First Instance Judgment on Appeal From ESCC 3510 of 2007
Outcome
Appeal dismissed
Legal Topics
Theft, Sentencing Starting Point, Guilty Plea Discount, Pickpocketing Analogy, Mitigation for Foreign National
Source Language
en
Criminal Law Sentencing Theft Sentencing Starting Point Guilty Plea Discount Pickpocketing Analogy Mitigation for Foreign National

Source-derived case record

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Parties

HKSAR

Respondent

Dashdorj, Dashdavaa

Appellant

Procedural Posture

Appeal Against Sentence (magistracy Appeal) / Court of First Instance Judgment on Appeal From ESCC 3510 of 2007

Legal Issues

  1. 1 Appropriate sentence for theft akin to pick-pocketing
  2. 2 Appropriate starting point and discount for guilty plea
  3. 3 Weight to be given to personal mitigation of a foreign national's family circumstances

Ratio Decidendi

The offence was equivalent to pick-pocketing which justifies a 12-month starting point; after allowing a guilty plea discount the eight-month sentence was appropriate and the appeal against sentence is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal against sentence dismissed
  • Sentence of eight months' imprisonment affirmed