THE QUEEN v. HO YEUNG YAU AND ANOTHER

THE QUEEN v. HO YEUNG YAU AND ANOTHER

The magistrate was incorrect to treat an 18‑month tariff as a binding guideline, but the imposed 12‑month sentence for the passport offence fell within the established range and was not excessive; however, on humanitarian grounds given the appellants' mothers' critical illness and time already served, the court reduced the passport offence sentences to six months and allowed the appeal in part.

Citation
THE QUEEN v. HO YEUNG YAU AND ANOTHER
Parties
Respondent: THE QUEEN; 1st Appellant: HO YEUNG YAU; 2nd Appellant: HO TAT O
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 November 1993
Case Number
HCMA690/1993
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; sentences reduced on humanitarian grounds
Legal Topics
Use of False Travel Document, False Statement to Immigration Officer, Sentencing, Humanitarian Mitigation
Source Language
EN
Criminal Law Immigration Law Use of False Travel Document False Statement to Immigration Officer Sentencing Humanitarian Mitigation

Case Brief

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Parties

THE QUEEN

Respondent

HO YEUNG YAU

1st Appellant

HO TAT O

2nd Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the magistrate was correct in treating an 18‑month tariff as a guideline for sentence
  2. 2 Whether the imposed sentences were excessive or within acceptable range
  3. 3 Whether humanitarian grounds (critical illness of relatives) justify reduction of sentence

Ratio Decidendi

The magistrate was incorrect to treat an 18‑month tariff as a binding guideline, but the imposed 12‑month sentence for the passport offence fell within the established range and was not excessive; however, on humanitarian grounds given the appellants' mothers' critical illness and time already served, the court reduced the passport offence sentences to six months and allowed the appeal in part.

Court Disposition

Appeal allowed in part; sentences reduced on humanitarian grounds

Orders

  • Allow appeal and reduce sentence for the passport offence to 6 months imprisonment for each appellant
  • Sentences to run concurrently with the 6 months imposed for the false statement offence