R. v. PERVAIZ KHAN

R. v. PERVAIZ KHAN

The judge accepted the trial findings that the appellant knowingly obtained a forged Hong Kong identity card and that the combined sentence of one month and nine months consecutive was not excessive; accordingly the appeal against sentence was dismissed.

Citation
R. v. PERVAIZ KHAN
Parties
Prosecution: THE QUEEN; Appellant: PERVAIZ KHAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 October 1996
Case Number
HCMA1055/1996
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Judgment Delivered
Outcome
Appeal dismissed
Legal Topics
Sentencing, Possession of Forged Identity Document, Breach of Condition of Stay, Appeal Against Sentence
Source Language
EN
Criminal Law Immigration Law Forgery Offences Sentencing Possession of Forged Identity Document Breach of Condition of Stay Appeal Against Sentence

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Parties

THE QUEEN

Prosecution

PERVAIZ KHAN

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence; Judgment Delivered

Legal Issues

  1. 1 Whether the sentence imposed was excessive
  2. 2 Whether the appellant knew the identity card was forged
  3. 3 Appropriate sentencing for possession of a forged identity card and breach of condition of stay

Ratio Decidendi

The judge accepted the trial findings that the appellant knowingly obtained a forged Hong Kong identity card and that the combined sentence of one month and nine months consecutive was not excessive; accordingly the appeal against sentence was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Original sentence upheld: 1 month for breach of condition of stay to be served consecutively with 9 months for possession of a forged Hong Kong identity card (total 10 months)