香港特別行政區 訴 NGUYEN, VAN QUANG

香港特別行政區 訴 NGUYEN, VAN QUANG

Applying the sentencing guidelines in Li Cheung Lai, possession of a forged identity card normally attracts a pre-plea starting point of 18 months; because the appellant was convicted after trial the correct starting point was 18 months, a one-month reduction for health was appropriate in principle but did not...

Source-derived case information.

Citation
[2023] HKCFI 2379
Parties
Respondent: The Government of the Hong Kong Special Administrative Region; Appellant: NGUYEN, Van Quang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 September 2023
Case Number
HCMA212/2023
Procedural Posture
Criminal (sentencing Appeal) / Appeal Against Sentence (high Court, Court of First Instance)
Outcome
Appeal dismissed
Legal Topics
Possession of Forged Identity Document, Sentencing Guidelines, Mitigation (health), Application of Precedent
Source Language
ch
Criminal Law Identity Document Offences Possession of Forged Identity Document Sentencing Guidelines Mitigation (health) Application of Precedent

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Parties

The Government of the Hong Kong Special Administrative Region

Respondent

NGUYEN, Van Quang

Appellant

Procedural Posture

Criminal (sentencing Appeal) / Appeal Against Sentence (high Court, Court of First Instance)

  1. 1 Whether the sentence imposed was excessive or wrong in principle
  2. 2 What is the appropriate sentencing starting point for possession of a forged identity card where the defendant did not plead guilty
  3. 3 Whether the appellant's health and personal circumstances amount to sufficient mitigation to reduce the custodial term

Ratio Decidendi

Applying the sentencing guidelines in Li Cheung Lai, possession of a forged identity card normally attracts a pre-plea starting point of 18 months; because the appellant was convicted after trial the correct starting point was 18 months, a one-month reduction for health was appropriate in principle but did not render a 14-month custodial sentence excessive; therefore the appeal against sentence is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal against sentence dismissed
  • Sentence of 14 months imprisonment affirmed