HKSAR v Alice Li

Alice is appearing at the Magistrates Court on a first appearance today.

Prosecution brief facts

Alice Li (Li Ka Man) was arrested on 19th Jan 2019 for shoplifting in Pacific Place Seibu Department store. She was seen by the security camera removing an expensive dress value HKD10,000, a pair of shoes value HKD5,000 and a blouse value HKD3,000. She placed the items in her shopping bag, and left the store. She was arrested outside the store by the security guard and the items were all immediately recovered. She said she was sorry immediately, and in police interview on the same day she confessed to theft.

Miss Li is already on bail for a previous offence of common assault.

This occurred two months ago against Sally Liu a shop assistant in Wanchai, when Alice allegedly slapped Sally in the face at the cosmetics counter in SOGO. That case was due to be mentioned again next week, where it was anticipated Miss Li would enter a plea to the offence of assault. She said it is a fabrication against her. The evidence against Alice on this offence is very weak and based upon Sally's evidence only. Sally has always hated Alice because she stole Sally's boyfriend. There are no other witnesses to the assault.

Miss Li's criminal record shows she has 15 previous convictions for the same type of "opportunistic" shoplifting offences within the preceding three years. She has offended in the same manner four times previously whilst on bail.

The prosecution will oppose bail on the grounds of likely to commit offences on bail, and failure to surrender (as she may receive a possible custodial offence).

Prosecution seeks a remand in custody pending further police enquiries. you are not in a position to take a plea today.

1. What is the likely sentence and how will that affect the defendant's risk of absconding?

2. What about the Defendant's act of committing an offence while on bail? Please address me on that