CACC 31 & 32/2024, [2024] HKCA 871

On Appeal From [2024] HKDC 95

(Heard together)

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NOS 31 & 32 OF 2024

(ON APPEAL FROM DCCC NOS 1079 OF 2022 & 709 OF 2023 (CONSOLIDATED) AND
DCCC NOS 21 & 497 OF 2023 (CONSOLIDATED))

________________________

________________________

(Heard together)

______________________________________

REASONS FOR JUDGMENT

______________________________________

1. The applicant applied for leave to appeal against his sentence of 5 years’ imprisonment imposed by Deputy Judge Colin Wong (“the judge”) in the District Court on 15 January 2024, following his pleas of guilty to the following nine charges in two separate cases, namely:

(i) DCCC 1079/2022 & 709/2023 (“Case 1”) : two theft charges of an ATM card and an identity card [1] ; (Charges 1 and 2); one charge of using an identity card relating to another person [2] (Charge 3); three charges of conspiracy to defraud [3] (Charges 4, 5 and 7); and one charge of handling stolen goods [4] (Charge 6); and

(ii) DCCC 21 & 297/2023 (“Case 2”) : one charge of handling stolen goods (Charge 4) and one charge of conspiracy to defraud (Charge 5).

2. On 11 September 2024, I granted the applicant leave to appeal against sentence and indicated that I would hand down the reasons for my decision in due course, which I now do.

The facts admitted

3. In pleading guilty to all of the charges, the applicant admitted two sets of facts detailing the background and evidence relevant to each case. The facts which constituted the individual charges arose in this way.

(Charge 5 in Case 2)

4. On 3 March 2022, a Mr Chan (“Chan”) posted a handbag for sale on Facebook for HK$36,500. On 4 March 2022, Chan was contacted by a purported buyer and subsequently met with the applicant, who claimed to be the purported buyer’s boyfriend. Chan then checked through his online banking application and noted that two cheques, both in the sum of HK$36,500, had been deposited into his account. The applicant then told Chan that an extra HK$36,500 had been mistakenly deposited into his account and asked for reimbursement in cash. However, Chan did not make any reimbursement. The applicant obtained the handbag. The two cheques were later dishonoured.

(Charge 4 in Case 2)

5. On 14 March 2022, a Mr Luk (“Luk”) posted a watch (“the 3 ^rd watch”) for sale on Facebook for HK$207,000. On 28 March 2022, a purported buyer contacted Luk to arrange a purchase. When Luk met with an unknown man, he checked through his online banking application that two cheque deposits, to a total sum of HK$207,000, had been made to his account and he duly handed over the 3 ^rd