The Government has asked the Court of Appeal to lay down sentencing guidelines for shoplifters after a magistrate broke ranks and adopted a more lenient approach in dealing with five cases earlier this year. Director of Public Prosecutions Grenville Cross, SC, told the Court of Appeal yesterday that the sentences Magistrate Peter White passed on five shoplifters - all of whom had clear records, and who had stolen items ranging from shampoo to razor blades - were too lenient. Tse Sheung-kai, 41, Ho Yui-sing, 18, Wong Ngong-shan, 46, Ng Po-ping, 32, and Cheung Mar-luk, 59, each pleaded guilty on January 9 this year before Mr White at Western Court to one charge of theft. Each was given an absolute discharge. Mr Cross said the Department of Justice was not seeking increases to the sentences imposed on the five defendants. 'The object of this application is to give the court the opportunity of issuing guidance to this magistrate, and perhaps also to other magistrates, who might wish to consider the appropriateness of absolute discharges as a means of disposal for offences of shoplifting,' Mr Cross said. An absolute discharge involves a criminal conviction that results in no fine or imprisonment. Mr Cross also said Mr White's approach was inconsistent with the attitude taken by the courts. The Court of Appeal was told that 6,973 shoplifting cases were reported last year, of which 3,357 resulted in sentencing. Of those, 46 were absolute discharges, 35 of which were issued by Mr White. Yesterday's application arose after Mr White refused on February 15 to review the sentences he had imposed on the five defendants, saying he aimed to create a consistent result in granting the absolute discharges. One of the cases he cited was that of senior housing official Poon Kai-tik, accused of stealing a $60 book, who was bound over after prosecutors said it was not in the public interest to pursue the case. Mr Cross said the sentences Mr White passed were manifestly inadequate and wrong in principle. He cited supermarket chain ParknShop's $1 million a month loss as proof that shoplifting was a huge financial burden on the community and should be dealt with accordingly. Mr Justice Michael Stuart-Moore, Mr Justice Simon Mayo and Mr Justice Woo Kwok-hing will rule on Monday.