Read the full judgment text of CACC 189/2018 on BabelCite. This Court of Appeal judgment was delivered on 23 November 2018 before Zervos JA.
Criminal law – theft – obtaining property by deception – attempt – credit card fraud – sentence – leave to appeal – starting point – actual loss – Applicant worked as a dispatcher and stole a credit card from a vehicle – Used it for one successful purchase of HK$7,917 and two failed attempts totaling about HK$17,000 – Pleaded guilty to theft (Charge 1), obtaining property by deception (Charge 2), and two attempts (Charges 3 and 4) – Sentenced to 2 years and 3 months' imprisonment – Applied for leave to appeal, arguing sentence excessive – Judge adopted 3-year starting point for deception offences per authorities – Court noted respondent's counsel raised issues on concurrent sentencing and potential loss – Found it reasonably arguable that starting point of 3 years was excessive given circumstances and actual loss of HK$7,917 – Leave to appeal granted – Legal aid granted for the appeal
Legal issues: Leave to appeal against sentence
Outcome: Leave to appeal against sentence granted; legal aid granted for the conduct of the appeal
Cited by 2 cases · Cites 3 cases