Read the full judgment text of CACC 54/2011, CACC 221/2011, HCMA 360/2011 on BabelCite. This Court of Appeal judgment was delivered on 17 January 2012 before Cheung JA, Chu JA, Barnes J.
Criminal law – sentencing – illegal immigrants – possession of forged identity card – unlawfully remaining in Hong Kong – breach of deportation order – standard tariff – concurrent versus consecutive sentences – interpretation of HKSAR v Li Chang Li – appeal against multiple sentences under s.83I(2) Criminal Procedure Ordinance – guideline cases Chan Shau-kin, Lau Chung Kwan, So Man-king, Lam Ping Chun, Chan and Tam, Wong Ping, Pham Van Tuan, Pham Van Hung, Cortez Emily Bisoy – whether the 15-month standard sentence for an illegal immigrant in possession of a forged identity card remains good law – whether Li Chang Li applies to illegal immigrants – whether the Court of Appeal may review all sentences where the applicant appeals selectively – three illegal immigrants arrested in Hong Kong in possession of forged identity cards, with prior convictions for similar offences – Court of Appeal reduced the total sentences for Tran Viet Thanh from 36 to 25 months, for Nguyen Thi Phu from 27 to 22 months, and for Guan Cuizhen from 21 to 18 months.
Legal issues: Standard sentence for possession of forged identity card by an illegal immigrant · Whether sentences for forged ID card and unlawfully remaining should be concurrent · Proper interpretation and application of HKSAR v Li Chang Li · Scope of appellate review of multiple sentences under s.83I(2) CPO
Outcome: In CACC 54/2011, the application was allowed (treated as the appeal proper) and the total sentence for Tran Viet Thanh was reduced from 36 months to 25 months. In CACC 221/2011, the application was allowed and the total sentence for Nguyen Thi Phu was reduced from 27 months to 22 months. In HCMA 360/2011, the appeal was allowed and the total sentence for Guan Cuizhen was reduced from 21 months to 18 months.
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