HKSAR v. Wong Shuk Ling

DCCC 374/2018

[2019] HKDC 145

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 374 OF 2018

-----------------------------------

-----------------------------------

----------------------------

Reasons for Sentence

----------------------------

Charges

1.D pleads guilty to the following charges:

(1) Theft of a credit card (1^st Charge);

(2) Obtaining property by deception (3^rd Charge);

(3) Obtaining services by deception (4^th Charge).

Facts

2.PW1 had a credit card issued by Hang Seng Bank.  The credit limit was $66,000.

3.After using it on 28/11/2017, she lost it.  On 29/11/2017 she reported loss to the bank. The bank informed her that it had been used 3 times in the meantime.  Those unauthorized transactions all took place at a Fortress shop in Trend Plaza, Tuen Mun on 29/11/2017. 

4.The Fortress staff revealed that at around 6 pm on 29/11/2017 the Defendant had used the card to purchase one Apple MacBook Pro computer for $13,888.  She said she would return to take the computer. 

5.At around 8 pm the Defendant returned to change for a higher and more expensive model of the computer.  This cost an extra $1,500.  The purchase was successful.  That relates to the 3^rd Charge.   

6.She also used the credit card to purchase a 2-year warranty plan for the computer.  It cost $2,154.    That relates to the 4^th Charge. 

7.Upon arrest and caution she said she had picked up the credit card from the floor at a staff room in Tuen Mun Town Plaza.  She worked as a part-time promoter there. PW1 was her colleague. 

Mitigation

8.She is now 24 years of age.  She lives with her parents and younger brother. 

9.She received secondary education and Foundation Diploma and Advanced Diploma in Computing in 2016 after 3 years’ study in Hong Kong Institute of Vocational Education.  She is looking forward to enrolling in further courses commencing soon.   

10.Apart from private tuition and software projects she also worked as a temporary worker from time to time.  It was during such temporary work that she committed the present offences.  After the offences she had discarded the credit card.

11.She had several records for theft and obtaining property by deception (sentenced to altogether 160 hours’ CSO in TM/643/14 on 13/3/2014, fined $1,000 in TM/3903/14 on 16/12/2014, and another 160 hours’ CSO in TW/3488/15 on 12/1/2016).  Her counsel Mr. So submits that despite the aforesaid I shall consider CSO again as she is truly remorseful this time. 

Sentencing the Defendant

12.The pattern of her criminal records indicate that the Defendant had not benefitted from CSO.  It did not take long after her completion of CSO for her to be back to steal and cheat again.  I regard jail term as the only viable option. 

13.The facts reveal a continuum of actions leading to the point she left the shop with the higher model of computer and the warranty.  I have to state the computations for each charge.  On the factual circumstances I take the respective starting points:

(1) 12 months for the 1^st Charge;

(2) 32 months each for the 3^rd and the 4^th Charges.

14.As the Defendant has been a persistent offender for theft and deception I add 3 months to the 1^st Charge and 4 months to the 3^rd and the 4^th Charges for more deterrence.

15.At this point the sentences are as follows:

(1) 15 months for the 1^st Charge;

(2) 3 years each for the 3^rd and the 4^th Charges.

16.After the one-third discount for her pleas of guilty the sentences are as follows:

(1) 10 months for the 1st Charge;

(2) 2 years each for the 3rd and the 4th Charges.

17.The sentences shall be all concurrent.  The total sentence is 2 years.