HKSAR v. ATA ASAF

DCCC648/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 648 OF 2012

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HKSAR
v.
Ata Asaf

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Before: Deputy District Judge A. Tse

Date: 24 October 2012 at 11.01 am

Present: Mr Frederic Whitehouse, Counsel on fiat, for HKSAR
Mr Woon Jee-quan, Freddy, instructed by Ellen Au & Co., assigned by the Director of Legal Aid, for the Defendant

Offence: Possessing false instruments (管有虛假文書)

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Reasons for Sentence

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1. The defendant was convicted after trial of one count of simple possession of four forged credit cards under section 75(2) of the Crimes Ordinance. The facts are set out in the verdict and I do not propose to repeat them here.

The defendant’s background and mitigation

2. The defendant is 31 years old. He was born in Pakistan and emigrated to Hong Kong in 1994. He is married, with three children aged2 to 4. He lives with his parents who are both unemployed.

3. The defendant has seven previous convictions, three of which are related to dishonesty. Counsel submitted that the defendant hasbeen convicted of the lesser offence of simple possession and asked the court to be as lenient to him as possible.

4. In passing sentence I have fully considered everything put forward on the defendant’s behalf. There were four forged credit cards. There was no dispute that there is an international dimension in this case because the credit card accounts were genuine accountsin the United States of America.

5. In the circumstances I adopt a starting point of two years. The defendant was convicted after trial. He has not shown a shredof remorse and is not entitled to any discount.

6. Accordingly, I sentence him to 2 years’ imprisonment.

(A. Tse)
Deputy District Judge