- 2 with dishonest intent to cause loss to another, contrary to s. 161(1)(d) of the Crimes Ord., Cap. 200. He pleaded guilty. The Magistrate sent for detention centre, probation and community service reports. On 18 April 2002, after considering such reports and hearing mitigation by counsel on the Appellant’s behalf, the Magistrate ordered that the Appellant be detained in a detention centre. The Appellant now appeals against that sentence. His counsel submits that the Magistrate erred in making a detention centre order rather than a community service order. 2. The present offence was committed during the period between 20 August and 10 October 2001. Prior to that the Appellant had been in trouble with the law twice. On 7 July 1997 he was fined for theft. On 18 August 1997 he was put on 12 months’ probation for theft. 3. As for the facts of the present case, they are best taken from what the Magistrate put to the Appellant and he admitted. The following appears from the transcript of the proceedings on 28 March 2002: “COURT : The owner of this computer sent her computer for servicing to your company. After she received it back, she received a bill from her internet service provider for a sum which she knew she could not have incurred. A check was conducted and it was found out that for the period involved her internet account was used through the telephone line of the company where you worked. You were arrested. You later admitted that you had retrieved from the customer’s computer the relevant internet information and you had installed that information in your own computer and during that time had used the customer’s internet account for yourself. The amount of money incurred by your use was $286.81. Are these facts correct? DEFENDANT: Facts admitted.”