HKSAR v. DASHDORJ, DASHDAVAA
- Citation
- HKSAR v. DASHDORJ, DASHDAVAA
- Status
- Judgment
- Jurisdiction
- Hong Kong
- Court
- Court of First Instance
- Decision
- 29 November 2007
- Posture
- Appeal Against Sentence (magistracy Appeal) / Court of First Instance Judgment on Appeal From ESCC 3510 of 2007
- Case number
- HCMA996/2007
- Language
- English
More details
- Court
- Court of First Instance
- Decision
- 29 November 2007
- Posture
- Appeal Against Sentence (magistracy Appeal) / Court of First Instance Judgment on Appeal From ESCC 3510 of 2007
- Case number
- HCMA996/2007
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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
02
Material facts
Parties
HKSAR
Respondent Counsel: Ms Olivia Tsang, Senior Government Counsel (Acting), Department of JusticeDashdorj, Dashdavaa
Appellant Counsel: In personAmounts and remedies
- Sentence Imposed (months): 8
- Starting Point (months): 12
03
Procedural history
Posture
Appeal Against Sentence (magistracy Appeal) / Court of First Instance Judgment on Appeal From ESCC 3510 of 2007
04
Questions and positions
Legal issues
- 01
Appropriate sentence for theft akin to pick-pocketing
- 02
Appropriate starting point and discount for guilty plea
- 03
Weight to be given to personal mitigation of a foreign national's family circumstances
Party arguments
- Applicant
- The appellant pleaded guilty and sought leniency based on personal circumstances, notably concerns for her mother in Mongolia and hardship with approaching winter.
- Respondent
- The respondent submitted the offence was equivalent to pick-pocketing warranting a 12-month starting point and that the sentence imposed after a guilty plea discount was appropriate.
05
Court’s reasoning
Legal principles
- 01
Deputy High Court Judge Line, HCMA996/2007 judgment
Offences akin to pick-pocketing warrant a starting point of 12 months' imprisonment
- 02
Sentencing practice cited by the court in HCMA996/2007
A guilty plea warrants a discount from the starting point
- 03
Deputy High Court Judge Line, HCMA996/2007 judgment
Personal mitigation based on foreign national status and family hardship is of limited weight where the offender commits crime in Hong Kong
06
Ratio, limits and disposition
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.
Obiter and limits
- The appellant acted in concert with co-offenders who evaded apprehension and that fact is relevant to culpability.
- Personal hardships of foreign nationals who commit offences in Hong Kong habitually attend such cases and do not substantially reduce culpability.
Court disposition
Appeal dismissed
- Appeal against sentence dismissed
- Sentence of eight months' imprisonment affirmed
Source and reliance status
Court of First Instance · 29 November 2007
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of First Instance
Judgment· 29 November 2007
bjbj HCMA996/2007
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO. 996 OF 2007 (ON APPEAL FROM ESCC 3510 OF 2007) ___
BETWEEN HKSAR Respondent and DASHDORJ, DASHDAVAA Appellant ___ Before: Deputy High Court Judge Line in Court Date of Hearing: 29 November 2007 Date of Judgment: 29 November 2007 ___
J U D G M E N T ___ 1. This is an appeal against a sentence of eight months' imprisonment imposed following a plea of guilty to an offence of theft.
2. The appellant is a lady from Mongolia who, in the summer of this year, was with two of her fellow nationals when they entered a jewellery accessory shop. A customer was there shopping and had put her wallet down beside her. That wallet and its contents were stolen. The theft was successful in that there was no apprehension at the time but, later in the day, uniformed policemen stopped this appellant and found the stolen property upon her. It is quite clear that she had been acting in concert with the two who had got away.
3. The magistrate treated the offence as akin to pick-pocketing. I agree with him and adopt the same approach. Accordingly, a starting-point for sentence of 12 months is the least the appellant could expect. She was sensible to plead guilty and receive the suitable discount and the sentence of eight months is, I regret to say, for her, unassailable.
4. She spoke to me eloquently about her worries concerning her mother left in Mongolia, especially as winter was coming on, but I regret those sort of considerations are ones that habitually attend the predicament of those who come from foreign countries and commit crime in Hong Kong. The appeal against sentence is dismissed. (P Line) Deputy High Court Judge Representations: Ms Olivia Tsang, Senior Government Counsel (Acting), of the Department of Justice, for the Respondent Appellant: Dashdorj, Dashdavaa, in person
PAGE -
PAGE CRT30/29.11.2007/MMcG HCMA996/2007/Reasons for Judgment
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T U V &`#$ JUDGE.DOT setup Microsoft Word 9.0 judiciary Title Microsoft Word Document MSWordDoc Word.Document.8
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.