HKSAR v. WONG WAI MAN, ANDY

DCCC1370/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1370 OF 2011

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Reasons for Sentence

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1.  The defendant has pleaded guilty to a total of 14 offences and those involve counts of theft, obtaining by deception, and attempting to obtain property or services by deception.

2.  The offences range between 2006 and 2011. 

3.  The defendant has admitted the facts and I have convicted him.

4.  The background in the Summary of Facts sets out what happened concisely, that is between December 2006 and April 2011, the defendant ordered goods from online shops and auction websites by either inputting credit card data of other persons downloaded from Foxy or deposited dishonoured cheques in the victims’ accounts.  Two bank accounts were used, a Bank of China account and a Hang Seng Bank account.  In total, there are a total of $73,156 worth of goods that were obtained during this period. 

5.  A brief look at the charges shows the kind of items that the defendant was obtaining and the value of those items. 

6.  On the 1st charge, the particulars of the credit card owned by the victim were used to obtain two mobile phones, each valued at $4,980, and on the 2nd charge was used to obtain a driving course for $2,958.

7.  The 3rd charge involved an attempt to obtain a mobile phone valued at $4,750, and the 4th charge involves the theft of a computer valued at $7,380 by use of a dishonoured cheque.  The 5th charge was obtaining by deception of a desktop computer valued at $3,980, again using a dishonoured cheque.  The 6th charge involved obtaining two mobile phones from Everwith Trading, total value $3,528, again using dishonoured cheques. 

8.  The 7th and 8th charges involve the obtaining of ink in small value of $110 and $200, again by use of dishonoured cheques. 

9.  The 9th and 10th charges involve thefts of mobile phones from PCCW, and the 11th charge was the obtaining of a mobile phone valued at $4,580, again by use of a dishonoured cheque.  The 12th charge is the obtaining by deception of a mobile phone valued at $4,500 with again the use of dishonoured cheques. 

10.  The 13th charge involves again the use of credit card data to purchase a mobile phone, and the 14th charge also involves the theft of a mobile phone using, again, credit card data.    

11.  The offences were committed over quite a lengthy period of time, involved a degree of sophistication which involves the use of cheques for which there was no bank deposits backing them, though the cheques were issued, the obtaining of other people’s credit card and use of other people’s credit card data.    

12.  The defendant’s antecedents have been put before the court.  He has a number of previous convictions of a similar nature.  His first offence was committed in 1992.  He had been placed on probation then.  In 1997 and 1998, he was sentenced to terms of imprisonment of 4 months’ imprisonment, again in 1998 further sentenced to imprisonment for theft and obtaining property and services by deception, and then in 2003 he has a number of sentences of imprisonment for forgery, evasion of liability, obtaining property by and attempting to obtain property by deception.

13.  The defendant’s antecedents show that he is educated up to Form 5.  He is aged 33.  He has worked as a waiter, courier and transportation worker.  He has three children, two boys aged 13 and 11, and a girl aged 10.  I have information that two of the children suffer from a degree of mental retardation and described as the lower end of mild grade range.    

14.  The defendant has written a letter to the court expressing his remorse. 

15.  In mitigation, it has been said that the defendant is remorseful, that he made a full admission to the charges.  It is clear from the facts that when taxed with the offences he made full admissions. It would appear that he had sold most of the items on and he is not in a position to either offer recompense or compensation.  The defendant has pleaded guilty at the first opportunity.  It is said he was co-operative, he is remorseful, and he says that he committed the offences because of financial difficulties and heavy family burden.  There is no evidence that the defendant gambles or is a drug addict.

16.  I am informed that the actual loss to the victims, the defence say, $66,348, and the total value of the items is $73,156.  I am asked to deal with the matter and to have regard to the overall totality because of the number of offences the defendant has committed over that period of time. 

17.  I note that there are a number of offences. They are relatively sophisticated involving the use of false credit information.  They show evidence of planning in the sense that couriers and such like were used, delivery men were used, and the items themselves, they are not high-value items but they are not low-value items either.  The defendant was obtaining easily sold items such as mobile phones and computers. 

18.  In imposing sentence, I will bear in mind these factors.  I will determine what I consider to be an overall correct starting point for sentence on each charge, discount that by one-third to give full account of the defendant’s plea of guilty, and then adjust the overall total by making those sentences run either consecutively or concurrently.  I shall also bear in mind what I consider to be an overall proper total for this series of offending and appropriately discount that by one-third to arrive at an overall total as well.   

19.  I shall now list the level of sentencing on each charge: 

(1) on the 1st charge, I take a starting point of 15 months’ imprisonment and reduce that to 10 months’ imprisonment;

(2) on the 2nd charge, a sentence of 9 months’ imprisonment, reduced to 6 months’ imprisonment on the guilty plea;

(3) the 3rd charge, a starting point of 15 months’ imprisonment, reduced to 10 months’ imprisonment for plea of guilty;

(4) on the 4th charge, a starting point of 12 months’ imprisonment, reduced to 8 months’ imprisonment for plea of guilty;

(5) on the 5th charge, a starting point of 15 months’ imprisonment, reduced to 10 months’ for plea of guilty;

(6) on the 6th charge, a starting of 15 months’ imprisonment, reduced to 10 months for plea of guilty;

(7) on the 7th charge, a starting of 3 months’ imprisonment, reduced to 2 months’ imprisonment for plea of guilty;

(8) on the 8th charge, a sentence of 3 months’ imprisonment, reduced to 2 months’ imprisonment for plea of guilty;

(9) on the 9th charge, a sentence of 12 months’ imprisonment, reduced to 8 months’ imprisonment for plea of guilty;

(10) on the 10th charge, a starting point of 12 months’ imprisonment, reduced to 8 months’ imprisonment for plea of guilty;

(11) on the 11th charge, a starting point of 15 months’ imprisonment, reduced to 10 months’ imprisonment for plea of guilty;

(12) on the 12th charge, a starting point of 15 months’ imprisonment, reduced to 10 months’ imprisonment for plea of guilty;

(13) on the 13th charge, a starting point of 9 months’ imprisonment, reduced to 6 months’ imprisonment for plea of guilty;

(14) on the 14th charge, a starting point of 9 months’ imprisonment, reduced to 6 months’ imprisonment for a plea of guilty.

20.  Looking at all these offences together, I consider that an overall starting point of 45 months’ imprisonment is appropriate, which is reduced to a final finishing point after deduction for pleas of guilty to one of 30 months’ imprisonment.  I will achieve that total sentence of imprisonment in the following way. 

21.  The sentences on the 1st charge and the 2nd charge will run concurrently to one another.  The sentences on the 3rd through to the 10th charges will run concurrently to each other but consecutively to the sentences on the 1st and 2nd charges.  The sentences on the 11th through to the 14th charges will run concurrently to each other but consecutively to the charges on the 1st to 10th charges.   

22.  Those three sets of concurrent charges added together, as I have already ordered, will lead to a total overall sentence of 30 months’ imprisonment and that will be the sentence on these charges.