A A
DCCC675/2012
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 675 OF 2012
C C
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D D
HKSAR
E v. E
Pong Yu-yin, Elson
F F
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G G
Before: H H Judge Browne
Date: 31 October 2012 at 12.00 noon
H Present: Ms Ivy Lau Yan-yan, Counsel on fiat, for HKSAR H
Mr Lai Kin-wah, Kelvin, instructed by Louis K Y Pau &
Co., assigned by the Director of Legal Aid, for the
I Defendant I
Offence: (1) Theft (盜竊罪)
J (2) to (6) Obtaining property by deception (以欺騙手段取 J
得財產)
K K
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L Reasons for Sentence L
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M M
N
1. The defendant has pleaded guilty to a charge of theft N
by finding in relation to two credit cards. He has also pleaded
O to five further charges of using those credit cards to obtain O
property by deception. All the offences were committed on the
P same day, namely, 22 November 2010. P
Q Q
2. The credit cards were stolen during the course of a
burglary on the same day, 22 November. Between 11 o’clock and
R R
2 pm on that day, the home of a Mrs Wong situated on the
S 20th floor of premises in Tsuen Wan in the New Territories were S
burgled, and amongst the items stolen were the two credit cards,
T the subject of the charges before the court. T
U U
CRT36/31.10.2012/SC 1 DCCC675/2012/Sentence
V V
A A
3. Between 2021 hours and 2248 hours on 22 November, the
defendant used both cards to make five purchases at three
B B
different shops located at Yuen Long and Tuen Mun. The total
C amount involved was $25,976. The purchases varied from amounts C
of $2,232 to $7,690.
D D
4. CCTV footage of certain of the shops were viewed and
E E
one of the salespersons identified the defendant as being
involved in one of the obtainings by deception. His fingerprints
F F
were also found on two credit card transaction slips.
G G
5. The defendant was eventually intercepted almost a year
H later on 9 November 2011, and he was arrested in that for H
burglary and under caution said he had not done it. He was
I I
positively identified as being in connection with one of the
obtainings by deception.
J J
K
6. The defendant has three previous convictions recorded K
against him: in 2006, 2007 and 2009, and the last offence
L involving dealing with goods to which the Dutiable Commodities L
Ordinance applies and he was given a suspended prison sentence
M of 1 month. The offences before the court were committed during M
the currency of that suspended sentence, and no grounds have
N N
been put before the court to suggest that I should not activate
that suspended sentence.
O O
P 7. In mitigation, I was told that the defendant is now P
24 years of age and he was educated up to Form 5 standard. He
Q has a long-term girlfriend with whom he has a daughter who is Q
now aged 4. I am told that the daughter lives with the mother of
R R
the girlfriend. He lives with the girlfriend who works as a
salesperson at a jewellery store. The defendant has worked at a
S S
number of clerical positions but does not seem to have held jobs
T down for very long periods of time. T
U U
CRT36/31.10.2012/SC 2 DCCC675/2012/Sentence
V V
A A
8. A letter was placed before the court from the
defendant in which he indicated that he comes from a broken
B B
family. He says that his father left home when he was young and
C he has two elder siblings and a younger sister. His elder C
brother left home many years ago and the defendant has been
D brought up by his mother. I am told that the defendant became a D
father at the age of 19 or 20 and he was unprepared for that but
E E
it has had a dramatic effect on his life.
F F
9. I am told that the circumstances in which the
G 1st charge was committed were that on the day in question, the G
defendant was in the Mongkok area to celebrate his birthday with
H some friends. At around 6 pm, he took a PLB in the Mongkok area, H
intending to go back to Yuen Long. I was told he was intending
I I
to go back to work and he found the cards wrapped in a piece of
paper in front of his feet on the floor of the bus. I am told
J J
that after picking them up, out of greed, he decided to use
K
them. I am told that his motive was to raise some money to help K
assist his financial situation with his family. At the time, he
L was under financial strain and he resold everything except the L
garments to help his family get by.
M M
10. Offences involving the abuse of the credit card system
N N
are obviously serious. Deterrent sentences are required to
maintain public and business confidence in the integrity of the
O O
system. These are offences which are not committed on the spur
P of the moment. To commit the obtaining-by-deception offences, P
one has to be prepared to go into a store or shop, to pose as
Q the rightful owner of the card, and one has to then forge a Q
signature on the credit transaction slips.
R R
11. In this case, the defendant entered into five
S S
transactions over a period of just over two hours in two plazas
T in Yuen Long and Tuen Mun. The amount involved was just under T
$26,000. Most of the property was purchased with a view to
U reselling it to raise cash. U
CRT36/31.10.2012/SC 3 DCCC675/2012/Sentence
V V
A A
12. In respect of the theft by finding, Charge 1, I take
B B
the view that a starting point of 15 months is appropriate given
C the nature of the items that were found. The defendant is C
entitled to a full discount for his guilty plea. The sentence
D will therefore be a sentence of 10 months on that offence. D
E E
13. On Charges 2 to 6, the offences were committed one
very shortly after the other, over a period of just over two
F F
hours. I take the view that a starting point of 30 months’
G imprisonment is appropriate, and the defendant is entitled to G
that being reduced by one-third to 20 months to reflect his
H guilty pleas. H
I I
14. Having considered the question of totality, I have
decided that the sentences shall all run concurrently. I
J J
activate the suspended sentence in order that the period of
K
imprisonment of 1 month should be served consecutively to the K
sentence of 20 months. Defendant will therefore go to prison for
L a total period of 21 months. L
M M
N N
Browne
O District Judge O
P P
Q Q
R R
S S
T T
U U
CRT36/31.10.2012/SC 4 DCCC675/2012/Sentence
V V