HKSAR v. JUNG KI BOONG

HKSAR v. JUNG KI BOONG

The magistrate's adoption of an 18-month starting point for the offences and application of a one-third guilty plea discount producing concurrent 12-month sentences was within the range established by authority and not manifestly excessive; therefore the appeal against sentence is dismissed.

Citation
HKSAR v. JUNG KI BOONG
Parties
Respondent: HKSAR; Appellant: JUNG KI BOONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 October 2005
Case Number
HCMA650/2005
Procedural Posture
Magistracy Appeal (criminal Immigration) / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Using a False Travel Document, Making False Representation to Immigration Officer, Sentencing Starting Points, Guilty Plea Discount, Concurrent Sentencing
Source Language
EN
Immigration Criminal Law Sentencing Using a False Travel Document Making False Representation to Immigration Officer Sentencing Starting Points Guilty Plea Discount Concurrent Sentencing

Case Brief

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Parties

HKSAR

Respondent

JUNG KI BOONG

Appellant

Procedural Posture

Magistracy Appeal (criminal Immigration) / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence was excessive or wrong in principle
  2. 2 Appropriate starting point for sentence for using a false travel document and for making false representation to an immigration officer
  3. 3 Whether mitigation (bankruptcy, personal circumstances, lack of previous convictions) justified a greater reduction

Ratio Decidendi

The magistrate's adoption of an 18-month starting point for the offences and application of a one-third guilty plea discount producing concurrent 12-month sentences was within the range established by authority and not manifestly excessive; therefore the appeal against sentence is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Sentence of 12 months imprisonment on each charge to run concurrently
  • Appeal dismissed