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Hong Kong decisions
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The Court of Appeal increased the sentence for an internet-based credit card fraud scheme, holding the original two-year term was too low.
The application for leave to appeal out of time was dismissed because the trial judge acted within his discretion in continuing the trial in the applicant's absence after repeated unexplained absences and inability to contact him, the continuation did not produce unfairness given that major witnesses had already given evidence when the applicant and his counsel were present, the convictions on counts 2 and 3 were supported by reliable evidence beyond reasonable doubt, and the sentencing decision (partial concurrency with total term of 27 months) was within appropriate sentencing principles fo…
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The Court of First Instance dismissed a criminal appeal against conviction for attempting to obtain property by deception, upholding the fine and finding the acts and lies were more than merely preparatory.
The Court of Appeal refused leave to appeal against a 40-month sentence for credit card fraud, theft and possession of offensive weapons, finding no arguable sentencing error.
The Court upheld the trial judge's credibility assessments and factual findings, found the seized documents and fingerprints admissible and probative, concluded there was no legal or factual error rendering the convictions unsafe, and held the 5-year total sentence was within applicable sentencing principles and not manifestly excessive.
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The application for leave to appeal was refused because the appellate court found no error of law or principle in the trial judge's assessment: the trial judge did not rely solely on P11(1)-(5), properly evaluated PW1's credibility and the implausibility of the defence, and the aggregate five‑year sentence (with partial concurrency) was not manifestly excessive.
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The Court allowed the sentence‑review application: the offences were more serious than ordinary 'failure to return' theft because the stolen genuine credit card was used four times in quick succession to purchase high‑value items; deterrence required immediate custody; the original imposition of a 20‑month sentence suspended for two years was therefore inappropriate. The Court substituted an immediate custodial sentence of 15 months by adjusting the concurrency of counts so that counts 2–5 receive 12 months concurrent and count 1's six months is partly concurrent, producing a total effective…
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The trial judge had ample basis to infer that the applicant knowingly conspired to manufacture and use counterfeit credit cards based on tenancy and access to the workshop, surveillance linking him to attempts to use cards, forensic evidence (fingerprints and DNA) in the workshop, contemporaneous admissions, and the quantity of materials; therefore the convictions and the aggregate five-year sentence were safe and not manifestly excessive.
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The Court of Appeal held that a 3-year starting point for each credit card deception charge was excessive and reduced the effective sentence to 19 months.
Leave to appeal against sentence was refused in a Hong Kong credit card fraud case. The Court held the 4 years 4 months sentence was within range.
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