R. v. LIN XUE SHI

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

MAGISTRACY CRIMINAL APPEAL NO. 124 OF 1995

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J U D G M E N T

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1. This is an appeal against sentence from Mr. Mierczak at Western Magistracy when the Appellant pleaded guilty to two offences : possession of a forged travel document, and making a false statement in a document. He was sentenced to 15 months and 6 months concurrently. He appeals against the 1st charge-possession of a forged travel document.

2. The seriousness of these matters is, well-known as set out in the Court of Appeal decision Wang Ju-wen [1989] 2 HKLR p. 26. There have been a number of magistrate's appeals which was brought to the attention of this magistrate and there are a number of mitigating circumstances in this case. One of which indeed is that he had not passed through Immigration control. Whilst, of course, it is serious, in my judgement, the starting point for this type of offence should be in the region of 12 months' imprisonment not 18 months. There may of course the aggravating circumstances which justify a higher starting point - such as more than one passport or chops.

3. Having regard to the plea, I consider the appropriate sentence should have been one of 9 months' imprisonment. To that extent the appeal is allowed.