HKSAR v. Iloco, Teresita Gillaco

HCMA 400/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 400 OF 2014

(ON APPEAL FROM FLCC 2693 OF 2014)

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Before: The Honourable Mrs Justice V Bokhary in Court

Date of Hearing: 9 October 2014

Date of Judgment: 9 October 2014

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J U D G M E N T

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1.This Appellant pleaded guilty in the Magistrates Court to three charges. Charge 1 was of using a false travel document. Charge 2 was of making a false representation to an immigration assistant. Charge 3 was of possession of a false travel document. On each charge, a starting point of 15 months was adopted and discounted to 12 months for a guilty plea. Because the offences under the first two charges were committed on the same day, the sentences for them were made concurrent. Because the offence under the third charge was committed on a different day and involved a different false travel document, 6 months of the sentence for it were made consecutive to the concurrent sentences under the first two charges. So the Appellant received a total sentence of 18 months’ imprisonment on these three charges.

2.The offences under the first two charges in the present case were committed during the period of suspension of a suspended sentence of 2 months’ imprisonment passed on the Appellant in an earlier case. The Magistrate activated that suspended sentence and made it consecutive to the 18 months’ imprisonment on these three charges.  Because the Appellant had surrendered herself to the Immigration Department, the Magistrate gave her a further discount of one month.  So the Appellant received an overall sentence of 19 months’ imprisonment.

3.She now appeals against sentence, complaining that she had been dealt with too severely.

4.In all circumstances, I find no basis on which to interfere with how the Magistrate dealt with the Appellant.  The appeal is therefore dismissed.

The appellant appeared in person

Mr Franco Kuan, of the Department of Justice, for the respondent