判刑理由書撮要(由AI生成)
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The judgment states that Defendant 1 to Defendant 4 were jointly charged with three offences of conspiracy to defraud following attempts to purchase expensive Rolex watches at three Tsim Sha Tsui jewellery shops using stolen cheques drawn from a victim’s bank account, forged deposit receipts, and counterfeit identity documents. On 17 February 2020, the victim’s cheque book was stolen when the victim’s car window was broken. In early March 2020, messages from an unidentified organizer induced shop operators to believe that full cash payments had been made, when in fact dishonoured cheques from the stolen cheque book were used. Defendant 1, recruited and directed by Defendant 2 and the organizer, attended each shop to collect watches on behalf of a fictitious buyer, relying on false deposit images and forged identity cards. Suspicious staff refused the handovers and alerted police. A controlled delivery operation at Mongkok MTR station led to the arrest of Defendant 1 and Defendant 2 after they passed an empty watch box as instructed. Police then arrested Defendant 3 for monitoring the delivery and obtained evidence from Defendant 4’s hotel room, including additional fake documents, electronic communications linking the group, and, in addition, small quantities of methamphetamine with inhalation apparatus. Defendant 1 to Defendant 3 pleaded guilty to the fraud charges, and Defendant 4 pleaded guilty to one fraud charge and to possession of dangerous drugs and drug-inhalation apparatus. Pre-sentencing assessments recommended community service for the two youth defendants and custodial sentences for the adult recidivists.
The court applied the sentencing guidelines from HKSAR v Ng Kwok Wing [2008] as a flexible yardstick, using starting points based on sums involved—2.5 years for HK$548,000 and 2 years for sums of approximately HK$279,000–HK$280,000—adjusted for the absence of actual loss and varying levels of culpability, and adhering to youth sentencing principles for offenders under 21 with an emphasis on rehabilitation.
Defendant 3 re-offended within ten days of release and Defendant 4 is a repeat offender with multiple prior convictions including burglary and fraud, warranting enhanced starting points. The total sums involved were substantial but victims suffered no actual loss. Credit was given for timely guilty pleas. Defendant 1 and Defendant 2, being young, first-time foot soldiers with learning difficulties and stable employment or training prospects, were considered least culpable and suitable for non-custodial rehabilitation.
The court regarded the Ng Kwok Wing guidelines as a flexible yardstick, balancing the seriousness of high-value fraud and recidivism against the rehabilitation needs of youthful participants. It reserved imprisonment for serious and repeat offenders, with sentences reflecting both financial figures and criminal histories, while imposing community sanctions on the young, remorseful foot soldiers.
Defendant 1 was sentenced to 160 hours of community service on each of the three conspiracy to defraud charges; Defendant 2 to 200 hours of community service on each of the three conspiracy to defraud charges; Defendant 3 received a global 24-month prison sentence for the three conspiracy to defraud offences, structured with one additional month for each of the second and third charges consecutive to the first; and Defendant 4 received an aggregate 22-month prison sentence comprising 18 months for the conspiracy to defraud offence and a further four months consecutive for the two drug offences (the drug terms ordered concurrent with each other).
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