19 Jul 2018
香港特別行政區 訴 陳國全
- Citation
- [2018] HKCFI 1867
- Court
- Court of First Instance
- Case number
- HCMA138/2018
The court held the appellant deliberately exploited the victim's negligence in the basketball court and the theft was of comparable seriousness to pickpocketing; applying Ngo Van Huy principles a 15‑month starting point was justified given the smartphone's value and the appellant's method. A 3‑month uplift for the appellant's extensive and recent recidivism was proportionate and not double‑counting. Although the trial judge's grant of a one‑third guilty‑plea discount on a plea entered on the day of trial departed from usual guidance, the Court declined to alter that discretionary allowance. T…