Mr. Ivan Tan, PP, of the Department of Justice, for HKSAR.
Mr. Lam Shun Chiu instructed by M/s Mike So, Joseph Lau & Co., assigned by the Director of Legal Aid, for the defendant
Offences:
(1) Handling stolen goods（處理贓物）
(2) to (5) Obtaining property by deception（以欺騙手段取得財產）
REASONS FOR SENTENCE
The defendant pleaded guilty to a charge of "Handling stolen goods" (Charge 1) and 4 charges of "Obtaining property by deception" (Charges 2 to 5). He used a lost credit card to make purchases at various retail shops within 2 hours after it was lost. The total sum of the goods involved was $19,392.
Summary of Facts
The lost credit card
2.
Mr. Wu (PW1) last saw his Standard Chartered Bank ("SCB") credit card No.5520-XXXX-XXXX-XXXX-6893 ("the Card") in his wallet around 7:30 p.m. on 4 July 2020. At 8:56 in the same evening, he received a text message from SCB notifying him of a $2,000 purchase made with the Card at a 7-11 store. PW1 then discovered the Card missing.
Charges 2 to 5
3.
SCB records showed that the following transactions were made with the Card on 4 July 2020 :-
(i) a purchase in the sum of $5,477 was made at 8:37 p.m. at "CD Rom Distributors" situated at Shop 115, UG/F, 298 Computer Zone, 298 Hennessy Road, Wanchai ("the Shop") (Charge 2);
(ii) a purchase in the sum of $6,915 was made at 8:44 p.m. at the Shop (Charge 3);
(iii) a purchase in the sum of $2,000 was made at 8:55 p.m. at a 7-11 store situated at G/F, 72 Thompson Road, Wanchai ("the 7-11 Store") (Charge 4); and
(iv) a purchase in the sum of $5,000 was made at 8:56 p.m. at the 7-11 Store (Charge 5).
Police investigation
4.
Mr. Kung (PW2), owner of the Shop, provided a still photo of the now overwritten CCTV footage depicting the face of the culprit who used the Card to make purchases (later confirmed to be the defendant). PW2 confirmed that about 8:30 p.m. on 4 July 2020, the culprit used the Card to make 2 purchases at the Shop; and has signed on the respective credit card slips. On one of the 2 credit card slips provided by PW2, a print of the defendant's left forefinger was found.
5.
CCTV footage of the 7-11 Store also captured the defendant making the purchases.
Arrest and admissions
6.
In the evening on 27 August 2020, PC 20892 (PW3) stopped the defendant on the street for enquiry. When being questioned, the defendant admitted having used the Card to purchase a $2,000 and a $5,000 iTunes gift cards at the 7-11 Store. PW3 arrested him. Under caution, the defendant claimed that the Card was given to him by a Filipino man at Tin Lok Lane (Charge 1). He then went to the 7-11 Store to purchase 2 iTunes gift cards, respectively $2,000 and $5,000 in value. The defendant returned the Card to the Filipino man afterwards.
7.
In his video recorded interviews, in relation to Charges 2 and 3, the defendant claimed that between 7:30 p.m. and 8:21 p.m. on 4 July 2020, he
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