Read the full judgment text of CACC 475/1998 on BabelCite. This Court of Appeal judgment was delivered on 7 March 2000 before Stuart-Moore VP, Mayo VP, Wong JA.
Criminal law – sentencing – credit card forgery – possession of equipment for making false instruments contrary to s.76(1) Crimes Ordinance (Cap 200) – possession of false instruments contrary to s.75 Crimes Ordinance (Cap 200) – forgery of immigration documents contrary to Immigration Ordinance (Cap 115) – conspiracy to commit forgeries contrary to ss.71 and 159A Crimes Ordinance (Cap 200) – two credit card forgery factories in Tsuen Wan and Tuen Mun with over 34,000–39,000 account numbers and unique POS equipment – D1 and D3 pleaded guilty; D2 convicted after trial – whether starting point of 9 years for s.76(1) charges was manifestly excessive – whether the two conspiracy counts should be treated as one for sentencing – whether starting point of 12 years for the conspiracy was manifestly excessive – application of R. v. Chan Sui-to guidelines – distinction between actual and potential losses – guidelines in Chan Sui-to may need amplification where potential for loss is very large – appeals allowed in part – sentences substituted: D1 total 8 years 8 months; D2 total 10 years; D3 total 5 years 10 months – D1 starting point 10 years on counts 2 and 5 reduced to 6 years 8 months by 1/3 guilty plea discount; D2 starting point 10 years on conspiracy counts; D3 starting point 10 years reduced by 2 years for limited role then by 1/3 guilty plea discount to 5 years 4 months.
Legal issues: Appropriate starting point for sentencing under s.76(1) Crimes Ordinance for possession of equipment to make false credit cards · Whether two separate conspiracy counts should be treated as one for sentencing · Whether the starting point of 12 years for the conspiracy was manifestly excessive
Outcome: Applications for leave to appeal against sentence allowed; treated as the appeals and allowed to the extent that the sentences indicated by the Court of Appeal are substituted for those imposed by the trial judge.
Cited by 2 cases