In Pang Chak Wai,after examining the decided cases involving sentencing for shoplifting offences, including cases (2), (3), (4), (7), (8), (9) and (11) set out in the above table, Tong J had this to say:
“10. I thank Mr Chung, Senior Public Prosecutor, for referring me to these authorities which serve as very useful references. For cases such as the present one, which involve theft of goods of relatively low value, it is my understanding that, save under individual circumstances, the courts are by and large taking the following approach to sentencing:
(1) Generally speaking, a first offender of shoplifting will be fined unless the case involves an organized act and, in particular, involves a large number of valuable items, in which case different sentencing considerations will come into play;
Tong J’s observation is correct and I entirely agree with it. It can be seen from the above sentencing authorities that the courts have invariably sentenced recidivists or persistent offenders to imprisonment or enhanced their sentences. If the item involved is very small (sic), such as daily food and beverages, and does not command a high value, the court will most likely impose a fine on a first offender. But where the case involves a repeated offender and an item exceeding $100 in value, the lowest starting point is 3 months’ imprisonment; the more similar previous convictions the defendant has, the higher the starting point will be.
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係囉點會慘
，夠膽係超市偷值800元的物品，絕對非第一次偷野，只係第一次被捉咋
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