HKSAR v. WU XIAOLIN

DCCC 49/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 49 OF 2013

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Reasons for Sentence

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1.  The defendant in this case has pleaded guilty to two charges involving forged credit cards. The lst charge related to the use of a forged credit card in a department store in Causeway Bay. Having been arrested for that offence she was found to be in possession of a further five forged credit cards.

2.  The facts admitted by the defendant state that at 4.30 on the afternoon of 16 November the defendant went to a shop in the Sogo Department Store in Causeway Bay and intended to purchase a handbag and wallet valued at $17,478.  She produced a forged Citibank MasterCard which was in her name.  When the sales lady tried to process the transaction she discovered from the Card Verification Centre that the card was forged. 

3.  The matter was reported to a security officer and the defendant was detained and the police called.  When she was questioned about that particular offence she claimed that the credit card had been given to her by her boyfriend.  Whilst under investigation the defendant inserted her hand into her dress and attempted to get rid of something.  The five forged credit cards the subject of the 2nd charge were seen to drop from the defendant’s dress to the floor.  She said that they had been given to her by her boyfriend. 

4.  In a later video recorded interview the defendant admitted that the six credit cards had been given to her by her boyfriend earlier that day.  She was instructed to use those credit cards to purchase luxury items and she would subsequently be given some advantages thereafter.  Three of the credit cards were in her name and another three were in the name of Fu Sim-yang.  The defendant claimed she did not know who that person was. 

5.  The defendant who is 38 years of age has a clear record.  She was born in China and studied to Form 3 standard.  She is divorced and has a young daughter from that relationship.  A letter to support her plea of mitigation has been submitted to the court and in that letter the defendant states that she is remorseful.  She said that her father has recently had an accident and she needed money to pay for his medical expenses.

6.  The main feature of mitigation in this case is that the defendant has pleaded guilty to the offences and she co-operated with the police immediately when she was detained. 

7.  This case is not accompanied by some of the aggravating features that occasionally one sees in cases of this type.  The defendant was part of a relatively small operation with no international dimensions. 

8.  The Court of Appeal have said for offences of this kind a starting point of 3 years is appropriate.  I propose to adopt that starting point and reduce it by one-third to reflect the defendant’s guilty plea. 

9.  In respect of each offence I impose concurrent sentences of 2 years’ imprisonment.