HKSAR v. Lam Tat Man Dark

DCCC424/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 424 OF 2012

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Reasons for Sentence

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1.D2 pleaded guilty to one charge of using a false instrument and two charges of fraud on the last occasion. 

2.I have already set out the facts admitted by D2 and the mitigation put forward on the last occasion.  Save where necessary, I do not propose to repeat them here.

3.D2 admits the contents of his background in the detention centre report.

4.Counsel repeated that D2 had a harmonious relationship with his family despite the lack of supervision.  He is very remorseful and asked his friend to report the matter to the police.  He has co-operated fully with the police during investigations.

5.The background now admitted by D2 appear to be inconsistent with previous mitigation.

6.On the last occasion, counsel appeared to suggest that D2 has always been in steady employment until after his arrest. According to the report, D2 has never been able to hold down a job for long.

7.According to counsel, D2 only received about 2 to 3 thousand dollars for his role in the fraudulent scheme. D2 now admits in the report that he received 35 per cent of the loans. There is no dispute that the loans totalled $75,000; in other words, D2’s benefit was $26,250.

8.These are very serious offences.

9.D2 lacks parental supervision and a probation order or community service order would be wholly inappropriate and manifestly inadequate.

10.The loss caused through D2 was just over $70,000, despite the repayment of $15,000.

11.I adopt a starting point of 3½ years’ imprisonment for each charge.

12.I give D2 some credit for his promise to give evidence against D1:  the starting point is reduced to 3 years.

13.I also give him full credit for his guilty plea:  the sentence is reduced to 2 years.

14.Further, I give D2 credit for asking his friend to initiate the investigation:  the sentence for each charge is reduced by a further 6 months to 18 months.

15.All three charges were part and parcel of the same scheme.  I order that the sentences for all three charges be served concurrently.

16.That makes a total sentence of 18 months.