Read the full judgment text of HCMA 274/2011 on BabelCite. This Court of First Instance judgment was delivered on 4 August 2011 before 杜麗冰.
Criminal law – illegal entry – using a forged identity card – possessing a forged identity card – sentencing – appeal against sentence – totality principle – consecutive versus concurrent sentences – first offender – discount for sympathy – whether sentences for related offences should run consecutively as required by HKSAR v Tong Fuk Sing [1999] 3 HKC 332 or partly concurrently – held that where offences of using and possessing a forged identity card are factually connected to the illegal entry offence, the totality principle requires part of the sentence for those offences to run concurrently with the sentence for illegal entry, distinguishing Tong Fuk Sing where the offences were unrelated – appeal allowed – total sentence reduced from 25 months to 22 months – charge 1 (illegal entry) 15 months, charges 2 and 3 (using and possessing forged identity card) 10 months each concurrent with each other, 7 months consecutive to charge 1 and 3 months concurrent with charge 1 – appellant a first-time offender who had purchased a forged HKID for HK$1,000 in the mainland and used it to obtain employment.
Legal issues: Whether sentences for related offences should run consecutively or partly concurrently under the totality principle
Outcome: Appeal allowed; total sentence reduced from 25 months to 22 months
Cites 1 case