HKSAR v. WONG KAM CHUEN AND ANOTHER

DCCC100/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 100 OF 2011

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Reasons for Sentence

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1.  Each of you pleaded guilty to one count of conspiracy to deal with property known or reasonably believed to represent proceeds of an indictable offence and one count of conspiracy to use false instruments, namely two forged credit cards.

2.  The facts revealed that on the 7 December 2010, the two of you assisted two other wanted persons in the purchasing of four TV sets, total valued around HK$24,000, with the use of forged credit cards, and then on 9 December same year assisted these two other persons in the purchasing of another four TV sets; three digital cameras and three MP3 players, also with the use of forged credit cards.  However, on this second occasion the purchase failed.  Suspecting the credit cards were forged, staff of the store reported the matter to the police and the two of you were subsequently arrested.

3.  Under caution each of you admitted helping another in the purchase of TV sets using forged credit cards with reward of several hundred dollars on each occasion. 

4.  For the 1st charge, which is commonly known as a money laundering offence, it is no doubt a serious offence and calls for a deterrent sentence.

5.  In sentencing you, court will take into consideration the amount of money involved, which in this case is not substantial; the number of persons involved; the role of each of you and the sophistication of the scheme.

6.  For the 2nd charge, it involved the use of forged credit cards, which also is considered as a serious offence, and a custodial sentence is a must.   

7.  In considering the term of imprisonment, this court will take into account your plea of guilty; the totality principle; as well as the mitigation put forward by your counsel.  As far as the 2nd defendant is concerned, I also take into account your clear record. 

8.  As to the 1st charge for the 1st defendant, I will take 2 years as a starting point.  Because of the plea, I reduce it to 16 months.   

9.  For the 2nd defendant, I also take 2 years as a starting point.  Because of your plea, reduce it to 16 months.  Because of your clear record, I will further reduce it to 14 months.

10.  As to the 2nd charge for the 1st defendant, I will take 18 months as a starting point.  Because of your plea, I reduce it to 12 months, 8 months of which to run consecutive to the 1st charge, therefore, making a total sentence of 24 months.

11.  For the 2nd defendant, also 18 months as a starting point.  Because of your plea, reduce it to 12 months.   Because of your clear record, I further reduce it to 10 months, 6 months of which to run consecutive to the 1st charge, therefore making a total of 20 months.