HKSAR v. Teoh Choon Yen

Case No.DCCC 1346/2011
Court
District Court
Date27 Jan 2012
Judge
Case Document
100%

DCCC1346/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1346 OF 2011

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  HKSAR  
  v.  
  Teoh Choon-yen  
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Before: Deputy District Judge Don So
Date: 27 January 2012 at 12.05 pm
Present: Mr Alex Wong, PP of the Department of Justice, for HKSAR
Mr Christopher Neil Morley, of Messrs Haldanes, assigned by the Director of Legal Aid, for the Defendant
Offence:  (1) Using a false instrument (使用虛假文書)
(2) Possessing a false instrument (管有虛假文書)

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Reasons for Sentence

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1.The defendant is represented by an able lawyer. The defendant pleaded guilty to two charges, i.e., using false credit card and possessing a false credit card.

2.The defendant admitted in fact on the day in question he went to the shop to buy some clothes.  He managed to complete the transaction by using one forged credit card.  The clothes in question were worth HK$3,000-some.  However, on his way out of the shopping arcade he was stopped by the police.  It was found in his possession another false credit card. 

3.I have considered all your background.  You are relatively young and newly married.  Your lawyer has submitted to the court some very helpful, relevant sentencing authorities.   

4.I am going to sentence you in accordance with those authorities. 

Charge No.1

5.I adopt the starting point of 3 years’ imprisonment.  Guilty plea will give you one-third discount.  Therefore, I sentence you, for Charge 1, 2 years’ imprisonment.  I do not find any other acceptable factors for me to give you further discount.    

Charge No.2

6.Having considered that this is possession, not using, I adopt the starting point of 30 months’ imprisonment.  Again, guilty plea will give you one-third discount and therefore I sentence you to Charge No.2, 20 months’ imprisonment.

7.The two charges happened at the same time, same place, by the same person, and they are of the same nature, and I therefore order the sentences on both charges to run wholly concurrently, and after all, be it one or two credit cards, they are still of the same small-scale operation.  

8.Therefore, today I effectively sentence you to 2 years’ imprisonment. 

(Don So)
Deputy District Judge