THE QUEEN v. MAK MUN-LIN

THE QUEEN v. MAK MUN-LIN

Although the original sentences (18 months for using and possession of a forged identity card, 15 months for remaining without authority) were within the normal range and not manifestly excessive, the court exercised its discretion to reduce the two 18-month sentences to 15 months to align with the usual sentences imposed by magistrates and ordered all sentences to run concurrently; appeal allowed in part.

Citation
THE QUEEN v. MAK MUN-LIN
Parties
Respondent: THE QUEEN; Appellant: MAK MUN-LIN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 December 1995
Case Number
HCMA979/1995
Procedural Posture
Magistracy Appeal No. 979 of 1995 / Appellate Judgment (hearing 15 Dec 1995, Judgment 20 Dec 1995)
Outcome
Appeal allowed in part; sentences reduced and ordered to run concurrently.
Legal Topics
Forgery, Possession of Forged Identity Card, Unauthorised Stay, Sentencing Discretion, Concurrent Sentences
Source Language
EN
Criminal Law Sentencing Immigration Forgery Possession of Forged Identity Card Unauthorised Stay Sentencing Discretion Concurrent Sentences

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Parties

THE QUEEN

Respondent

MAK MUN-LIN

Appellant

Procedural Posture

Magistracy Appeal No. 979 of 1995 / Appellate Judgment (hearing 15 Dec 1995, Judgment 20 Dec 1995)

Legal Issues

  1. 1 Whether the sentences imposed for using a forged Hong Kong identity card, possession of a forged Hong Kong identity card and remaining in Hong Kong without authority were manifestly excessive
  2. 2 Whether the sentencing judge should reduce sentences to align with the usual range imposed by magistrates
  3. 3 Whether concurrent sentencing was appropriate

Ratio Decidendi

Although the original sentences (18 months for using and possession of a forged identity card, 15 months for remaining without authority) were within the normal range and not manifestly excessive, the court exercised its discretion to reduce the two 18-month sentences to 15 months to align with the usual sentences imposed by magistrates and ordered all sentences to run concurrently; appeal allowed in part.

Court Disposition

Appeal allowed in part; sentences reduced and ordered to run concurrently.

Orders

  • Reduce sentences for using and possession of a forged Hong Kong identity card from 18 months to 15 months
  • Order that all sentences (two reduced 15-month sentences and 15-month sentence for remaining without authority) run concurrently