HKSAR v. Moron Marili Roaring

DCCC797/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 797 OF 2010

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Reasons for Sentence

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1.The defendant has pleaded guilty to two charges. Both charges relate to the possession and use of forged credit cards. The 1st charge of using a false instrument was committed on 1 June in 2010, and this was on board a Hong Kong Dragon Airlines flight from Taipei to Hong Kong. She used a credit card in the name of Marili Moron with the intention of inducing the flight attendant to accept it as genuine. And the 2nd charge was possession of a false instrument.

2.At the material time, Madam Chan was the flight attendant on the Hong Kong Dragon Airlines flight.  And during the flight, at about 3.40 in the afternoon, the defendant, who was a passenger on the flight, presented to the flight attendant a Westpac Visa card.  It was in her own name, and she purchased goods, including perfume, cream, a bracelet and a black pen, a total price of $3,880. 

3.The flight attendant passed the card to her colleague, a Madam Kwok, to complete the transaction.  The transaction was processed and a sales invoice was given to the defendant for signing.  The defendant signed on the sales invoice and the flight attendant handed over the goods to the defendant.

4.When the flight landed in Hong Kong at just after 4.30, a security executive of the Airlines, a Mr Sidhu, intercepted the flight attendant and made inquiries about the defendant.  The flight attendant confirmed the defendant had purchased the property.  The defendant was approached and asked to present the credit card she had used on the flight, and she surrendered the card which she had used to Mr Sidhu.  

5.At the same time, the defendant also surrendered a second Visa card which is the subject of the 2nd charge.  On checking, it was believed that the two cards were invalid.  Under caution, the defendant admitted via an interpreter that in May of 2010 that the defendant had answered an advertisement of a credit card application on the website of Yahoo.  She said she submitted the application for the card and paid US$2,000.  She said that she later received the cards by mail.  She admitted using the first card to purchase the goods on the airline.  She did not confirm either of the cards with the respective issuing banks.  The defendant told the police that she was a merchant, she had been educated to tertiary standard and she operated a shop for a telecommunications business.

6.The two cards were examined forensically and found to be forged credit cards.

7.The defendant has a clear record.  She was born in the Philippines.  She is aged 47.  I am told that she comes from a small town in the Philippines and she was deserted by her husband after 12 years of marriage, and her parents are in their 70s.  I am told that the defendant is very remorseful for her involvement in these matters and that she does have health problems.  I am told that she suffers from palpitations and has a thyroid problem.  I am told that she is a Catholic and feels very guilty about the commission of these offences.  I am told that her son recently graduated in criminology and intends to go to training for the police force.

8.It was urged upon me that this was a small operation and that the amount involved was relatively low, at $3,880.  In mitigation, it was urged upon me that the defendant pleaded guilty at the earliest opportunity and also offered additional assistance to the police.  She has given details of two persons whom she said that were involved in these offences for the police to check out.  Notwithstanding the assistance, the information has been passed on to the relevant authorities but so far, I am told that it is not clear whether or not it will be of any assistance in checking the identity and bringing to court the persons she says were involved in these offences.  It was also urged upon me that since she was abandoned by her husband, she has lost her self-esteem. 

9.These offences are serious offences.  Offences involving forged credit cards are endemic, and the Court of Appeal has said that deterrent sentences must be passed on persons found using or in possession of them.  In addition, this has an international dimension.  The defendant was on her way from Taiwan to Hong Kong and then on to the Philippines.

10.The normal starting point for the first offence would be a sentence of 2 and a half to 3 years.  I have taken into account her guilty plea and particularly her assistance to the police, and I have decided to adopt a starting point for the 1st charge at the lower end of the scale.  I take a starting point of 2 and a half years, and I reduce that by one-third to reflect the guilty plea.  The sentence on Charge 1 will be 20 months’ imprisonment.

11.As regards the 2nd charge, I take a starting point of 2 years’ imprisonment and reduce that by one-third to reflect the guilty plea.  The sentence on Charge 2 will be one of 16 months’ imprisonment.

12.I have considered the question of totality and I have decided that 4 months of that should run consecutive to the 1st charge, so the total sentence will be one of 24 months’ imprisonment.