DCCC 463/2024

[2025] HKDC 1174

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 463 OF 2024

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REASONS FOR SENTENCE

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1. D1 and D2 pleaded guilty to 3 joint charges of “Obtaining property by deception”, contrary to section 17(1) of the Theft Ordinance, Cap 210 (charges 28-30).

2. D1 also pleaded guilty to 22 additional charges of “Obtaining property by deception” (charges 1-3, 7-25); 1 charge of “Attempt to obtain property by deception”, contrary to section 17(1) of the Theft Ordinance and section 159G of the Crimes Ordinance, Cap 200 (charge 26); and 1 charge of “Theft”, contrary to section 9 of the Theft Ordinance (charge 27).

3. In addition to charges 28-30, D2 pleaded guilty to 1 further count of “Obtaining property by deception” (charge 5) but not guilty to 2 counts of “Obtaining property by deception” (charges 4 and 6); upon the prosecution’s application, charges 4 and 6 are to be left on the court file and not to be proceeded with without the court’s leave.

4. I shall not repeat in detail the facts in the Amended Summary of Facts dated 4 July 2025 agreed to and admitted by the defendants. In gist, 7 stolen credit / debit cards (Cards 1-7) were used to make / attempt to make purchases as follows:

(1) By D1 and D2 jointly (charges 28-30), on 4 November 2023: 6 bottles of liquor, totalling HK$11,328.00.

(2) By D2 (charge 5), on 2 October 2023: 1 bottle of liquor in the amount of HK$1,780.00.

(3) By D1:

(a) Clothing, food and liquor, totalling HK$2,480.50, on 2 October 2023 (charges 1-3).

(b) Liquor, groceries, and other goods, totalling HK$10,020.20, on 7 October 2023 (charges 7-14).

(c) Liquor, food, clothing etc, totalling HK$12,961.00, on 27 October 2023 (charges 15-20).

(d) Goods totalling HK$8,580.00, on 27 October 2023 (charges 21 and 22).

(e) Liquor and other goods totalling HK$5,466.00, on 27 October 2023 (charges 23-25).

(f) Attempted to purchase goods worth HK$6,800.00 but failed, on 27 October 2023 (charge 26).

5. Moreover, when D1 and D2 were intercepted and arrested by the police after having committed charges 28-30, search of the defendants and D1’s taxi turned up the 9 credit cards (Cards 7-15) which are the subject of charge 27 (a theft charge, only against D1). Under caution, D1 claimed, inter alia , that D2 was his girlfriend, and he was a day-shift taxi driver; he had found some of the credit cards in his taxi which had been left by passengers;