HKSAR v. TEOH CHOON YEN

DCCC1346/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1346 OF 2011

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Reasons for Sentence

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1.  The defendant is represented by an able lawyer. The defendant pleaded guilty to two charges, i.e., using false credit card and possessing a false credit card.

2.  The defendant admitted in fact on the day in question he went to the shop to buy some clothes.  He managed to complete the transaction by using one forged credit card.  The clothes in question were worth HK$3,000-some.  However, on his way out of the shopping arcade he was stopped by the police.  It was found in his possession another false credit card. 

3.  I have considered all your background.  You are relatively young and newly married.  Your lawyer has submitted to the court some very helpful, relevant sentencing authorities.   

4.  I am going to sentence you in accordance with those authorities. 

Charge No.1

5.  I adopt the starting point of 3 years’ imprisonment.  Guilty plea will give you one-third discount.  Therefore, I sentence you, for Charge 1, 2 years’ imprisonment.  I do not find any other acceptable factors for me to give you further discount.    

Charge No.2

6.  Having considered that this is possession, not using, I adopt the starting point of 30 months’ imprisonment.  Again, guilty plea will give you one-third discount and therefore I sentence you to Charge No.2, 20 months’ imprisonment.

7.  The two charges happened at the same time, same place, by the same person, and they are of the same nature, and I therefore order the sentences on both charges to run wholly concurrently, and after all, be it one or two credit cards, they are still of the same small-scale operation.  

8.  Therefore, today I effectively sentence you to 2 years’ imprisonment.