HKSAR v. ANOFI HAMID TUNDE

CACC 248/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 248 OF 2000

(ON APPEAL FROM DCCC 351/2000)

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J U D G M E N T

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Hon Leong JA (giving the judgment of the Court):

1. On 19 June 2000, the applicant Anofi Hamid Tunde pleaded guilty in the District Court to one charge of using a false instrument. He was sentenced by H H Judge Sweeney to 2 years imprisonment.

2. The applicant admitted the following facts. On 27 January 2000, the applicant used his passport to open a personal account with the Tsimshatsui branch of the Bank of Communications. On 8 February 2000, the applicant went to the bank and deposited into his account with the bank a bank draft purportedly issued by Svenska Handelsbanken drawn on the Hang Seng Bank in his favour in the amount of HK$450,000. Subsequently, Hang Seng Bank found the draft suspicious and made enquiry. Svenska Handelsbanken confirmed that the draft was false. Hang Seng Bank then notified the Bank of Communications of the matter and a report was made to the police. According to the Immigration Department record and the record on the applicant's passport, the applicant came to Hong Kong on 25 January 2000. The applicant was arrested when he attempted to leave Hong Kong.

3. The Judge took 3 years as a starting point and reduced it by 1 year for the applicant's plea, arriving at the 2 years imprisonment. He finally imposed on the applicant in respect of the charge.

4. The applicant now applies for leave to appeal against sentence. In his notice of appeal he stated in effect that he could not accept the sentence of 2 years which he regarded as too long. This morning, he mentioned to this court that no money had been taken by him from the bank. His father and mother are both of old age and he has a wife and children to support. He is the only breadwinner of the family. He asked the court to reduce the sentence. He said that he would not commit any such offence again.

5. In our opinion, the applicant opened the bank account within two days after he came to Hong Kong and within a week or so thereafter he deposited the false bank draft in his account in an attempt to swindle the bank of a large sum of money. When he found that he was under suspicion, he attempted to leave Hong Kong. In these circumstances, the Judge took a starting point of 3 years imprisonment for a single offence of this nature is neither wrong in principle nor manifestly excessive. After giving the applicant the usual 1/3 discount for his plea, the sentence of 2 years imprisonment is in all the circumstances appropriate. The application for leave to appeal against sentence is dismissed.