HKSAR v. LIN, HUASHENG

HKSAR v. LIN, HUASHENG

In the absence of exceptional circumstances the court must maintain consistency with the established standard sentence of 18 months for these offences; applying the one-third plea discount produced a 12-month concurrent sentence and the appeal was dismissed.

Source-derived case information.

Citation
HKSAR v. LIN, HUASHENG
Parties
Respondent: HKSAR; Appellant: Lin, Huasheng
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 May 2011
Case Number
HCMA230/2011
Procedural Posture
Magistracy Appeal (criminal) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Use of False Travel Document, False Representation as to Identity, Sentence Consistency, Plea Discount
Source Language
en
Criminal Law Immigration Law Sentencing Use of False Travel Document False Representation as to Identity Sentence Consistency Plea Discount

Source-derived case record

Summary, issues, holding and outcome

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Parties

HKSAR

Respondent

Lin, Huasheng

Appellant

Procedural Posture

Magistracy Appeal (criminal) / Appeal Judgment

Legal Issues

  1. 1 Appropriate sentence for using a false travel document and making a false representation
  2. 2 Whether the appellant's personal and family circumstances justify departure from the standard sentence
  3. 3 Application and quantum of plea discount

Ratio Decidendi

In the absence of exceptional circumstances the court must maintain consistency with the established standard sentence of 18 months for these offences; applying the one-third plea discount produced a 12-month concurrent sentence and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Sentence of 12 months imprisonment on the offences, to run concurrently