香港特別行政區 訴 張傳雙 Dicky 及另一人

Read the full judgment text of DCCC 175/2018 on BabelCite. This District Court judgment was delivered on 17 September 2018 before 張潔宜 (Deputy District Judge).

Criminal law – sentencing – burglary – obtaining property by deception – credit card fraud – consolidated cases DCCC 175 & 355/2018 – first defendant convicted after trial of domestic burglary contrary to s.11(1)(b) and (4) of the Theft Ordinance (Cap 210) – second defendant pleaded guilty to four counts of obtaining property by deception contrary to s.17(1) of the Theft Ordinance – victim left flat's gate and wooden door unlocked overnight – first defendant entered flat and stole handbag containing Dah Sing Bank Visa credit card – credit card then passed to second defendant who used it at four retail outlets in under two hours to purchase cigarettes, milk powder and alcohol totalling HK$6,779.50 – second defendant resold goods for HK$2,700 – whether first defendant should be treated as habitual offender given 25 prior convictions including robbery, theft and extortion – whether 10-year-old dishonesty convictions warrant habitual offender treatment – whether opportunistic burglary warrants reduced starting point below general 3-year benchmark – whether use of another's genuine credit card warrants same sentence as use of forged card – whether compensation paid to victim warrants additional sentence reduction – whether totality principle requires concurrent sentences for offences committed in single course of conduct in same day – starting point for domestic burglary generally 3 years for first-time adult offenders – starting point for credit card fraud involving one or few cards, not complex or large-scale, 3 years or below – HKSAR v Cheung To Ming and HKSAR v Lam Tin Yam support lower starting point for opportunistic burglary – HKSAR v Tu I Lang sets guidance for credit card fraud – HKSAR v Lam See Chung, Stephen confirms parity between genuine and forged card use – HKSAR v Leung Shuk Man endorses discount for compensation – first defendant: starting point 20 months, no guilty plea discount, final sentence 20 months' imprisonment – second defendant: starting point 2½ years per count, reduced to 20 months after guilty plea, further 3 months' reduction for compensation, final 17 months per count, all four sentences concurrent, total 17 months' imprisonment – second defendant voluntarily paid full compensation of HK$6,779.50 to Dah Sing Bank.

Legal issues: Sentencing for domestic burglary by 1st Defendant · Sentencing for obtaining property by deception using stolen credit card

Outcome: 1st Defendant sentenced to 20 months' imprisonment for burglary; 2nd Defendant sentenced to 17 months' imprisonment on each of counts 2 to 5, all to run concurrently (total 17 months).

Cites 5 cases