HKSAR v. Desire Flaubert Wontcheu and Another

Case No.DCCC 1323/2010
Court
District Court
Date04 Mar 2011
Judge
Case Document
100%

DCCC1323/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1323 OF 2010

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  HKSAR  
  v.  
  Desire Flaubert Wontcheu (D1)  
  Issa Traore (D2)  

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Before:

Deputy District Judge A Yuen

Date:

4 March 2011 at 3.02 pm

Present:

Miss Monica Chan, PP of the Department of Justice, for HKSAR
Mr Amirali Bakirali, of Messrs Nasirs, for both Defendants

Offence:

Obtaining property by deception (以欺騙手段取得財產)

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Reasons for Sentence

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1.Defendants, please stand up. Each of you pleaded guilty to one count of obtaining property by deception.

2.Facts revealed that, on 15 October last year, inside a hotel room, the two of you falsely represented to an undercover police officer that you could make bank notes with chemical and paper, with the intention of deceiving him US$20,100. The two of you were caught red-handed when you were on the way leaving the hotel. Although the amount of money involved in this case is not substantial - it is around HK$160,000 - the offence is serious by nature, and the facts also a serious one, and therefore it calls for a deterrent sentence.

3.The only mitigating factor in this case is your plea of guilty and your clear record. In sentencing you I will also take into account your counsel’s mitigation, including the fact that there is no international element in this case, and it is not a sophisticated operation.

4.For each of you I will take a 2 years' imprisonment as the starting point. Because of your plea I will reduce it to 16 months.

  A Yuen
  Deputy District Judge