HKSAR v. WU CHING KWAN

DCCC1202/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1202 OF 2010

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Reasons for Sentence

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1.  You pleaded guilty to one count of using a false instrument, namely a forged credit card, and one count of possession of false instruments, namely two forged credit cards.

2.  The facts revealed that on 31 August last you attempted to purchase a digital recorder in Jusco supermarket using a forged credit card.  However, the staff of the supermarket suspected the card was forged and therefore the transaction failed.  Staff of the supermarket reported the matter to the police and you were subsequently arrested.

3.  Upon search, it was found in your possession two forged credit cards.  You admitted that you were given the two cards to purchase goods with a reward by a person, and the purchased goods would be then handed over to that person.

4.  In sentencing you, this court will take into account the seriousness of the charges, the value of the goods involved, the number of cards and the scale of the operation, which in this case I agree with your counsel that it is of a small scale operation.

5.  I also take into consideration the mitigation put forward by your counsel, and also the totality principle.

6.  For the 1st charge, I take 18 months as a starting point.  Because of your plea and also the mitigation put forward, I reduce it to 9 months.

7.  For the 2nd charge, I will take 24 months as a starting point.  Because of your plea and also the mitigation, I reduce it to 12 months, 6 months of which to run consecutive to the 1st charge, therefore making a total of 15 months.