30 Jul 2001
THE SECRETARY FOR JUSTICE v. TSE SHEUNG KAI (R1)
- Citation
- THE SECRETARY FOR JUSTICE v. TSE SHEUNG KAI (R1)
- Court
- Court of Appeal
- Case number
- CAAR2/2001
The Court held that the magistrate erred in principle by adopting a de facto policy of routinely imposing absolute discharges for first-time shoplifters to avoid criminal records and to compensate for perceived inconsistent prosecutorial practice; absolute discharge is rarely appropriate for shoplifting because deterrence and public interest require punishment. The sentences were therefore wrong in principle and manifestly inadequate, but the Court declined to increase the individual sentences in the exercise of its discretion given the procedural burden already suffered by the defendants.