HKSAR v. ZVONKO BERDIK ALBERT

DCCC 878/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 878 OF 2012

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Reasons for Sentence

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1.  The defendant is of Dutch origin who entered Hong Kong with a Netherlands passport on 15 March 2011 from Macau. He was permitted to stay as a visitor until 29 March 2011. On 16 February 2012 the defendant was found at a residential unit in Sheung Shui. A vast amount of forged documents were also found in the unit. They were taken out by the defendant on his own initiation.

2.  The prosecution later on brought a number of charges against the defendant including possession and using of false instruments and attempted fraud. 

3.  When the defendant was in custody psychiatric reports on the defendant were obtained and they reflected that the defendant has been suffering from schizophrenia.  Based on the said medical opinions and other matters, the prosecution decided to offer no evidence against the defendant for all charges upon the defendant pleaded guilty to the 4th charge, namely breach of condition of stay.

4.  The defendant has a clear record. 

5.  For this charge, a short custodial sentence will be appropriate in the circumstances.

6.  I will adopt a starting point of a sentence of 6 weeks’ imprisonment, and upon the defendant’s plea of guilty, it is reduced to 4 weeks.