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DCCC1274/2010
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1274 OF 2010
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HKSAR |
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v. |
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Fu Chuen-ho (D1) |
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Yip Chin-wah (D2) |
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| Before: |
Deputy District Judge A Yuen |
| Date: |
17 March 2011 at 10.12 am |
| Present: |
Mr Cheung Man-kwan, Bobby, SPP (Ag.), of the Department of Justice, for HKSAR
Mr Cheung Yiu-Leung, instructed by Messrs Tang & Lee, for the 1st Defendant
Ms Liza L S Li, instructed by Ivan Tang & Co., for the 2nd Defendant |
| Offence: |
(1)&(3) Using a false instrument (使用虛假文書)
(2) Possessing a false instrument (管有虛假文書)
(4) Possessing false instruments (管有虛假文書) |
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Reasons for Sentence
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1. Each of you pleaded guilty to one count of using a false instrument and one count of possession of false instrument.
2. The facts revealed that on 25 September last, at around 4.00 pm, the two of you were inside this Louis Vuitton store at Ocean Centre. D1 picked one bag and one wallet, total value being HK$14,450, and paid with an AE card which was subsequently confirmed to be forged.
3. D2 also picked one bag, valued at HK$$11,000. D2 attempted to pay with an AE card, but the staff of the shop suspected it was forged and therefore reported the matter to the police. D2 then left the shop leaving the AE card behind.
4. However, police arrived and intercepted D2 outside the shop; and in the meantime, D1 was also intercepted by police at the Peking Road junction of Canton Road.
5. Upon search, it was found inside D1’s wallet two AE cards, one of which had been used to purchase the bag and wallet in the Louis Vuitton store. It was also found inside the trousers pocket of D2 two other AE cards.
6. Under caution, both defendants explained that they used the forged cards because they had no money. All five AE cards, after examination, were confirmed to be forged cards.
7. There is clear guideline from the Appellate Court that for this kind of offence a custodial sentence is the norm; and for a case involving even a single forged credit card, a starting point of 3 years is appropriate.
8. In sentencing you, I take into account your plea of guilty and your clear record, and also the totality principle. I also take into account the role you played in this case, the number of cards involved, and the scale of the operation which, in this case, I agree with defence counsel that it is of a small scale and not sophisticated. Finally, I also take into account the mitigation put forward by counsel on your behalf, in particular, as to the reason why the two of you committed these offences.
9. For the 1st defendant, the 1st charge, I will take
3 years as a starting point. Because of your plea, I reduce it to 2 years.
10. For the 2nd charge, I will take 18 months as a starting point. Because of your plea, I reduce it to 12 months, the two sentences to run concurrently to each other.
11. Equally, for the 2nd defendant, for the 3rd charge, I will take 3 years as a starting point. Because of your plea, I reduce it to 2 years.
12. For the 4th charge, I will take 24 months as a starting point. Because of your plea, I reduce it to 16 months. Also, the two sentences to run concurrently to each other.
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A Yuen |
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Deputy District Judge |
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