HKSAR v. WANG WU
The appeal is dismissed because the Magistrate correctly applied precedent (Lin Xiao Feng), used 12 months as the starting point and permissibly reduced it by a third for the guilty plea; the resulting sentence of 8 months is not excessive.
- Citation
- HKSAR v. WANG WU
- Parties
- Respondent: HKSAR; Appellant: Wang Wu
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 24 September 2003
- Case Number
- HCMA801/2003
- Procedural Posture
- Magistracy Appeal (criminal) / Appeal Against Sentence; Court of First Instance Hearing on Appeal From KTCC 4542/2003
- Outcome
- Appeal against sentence dismissed; sentence of 8 months imprisonment upheld.
- Legal Topics
- False Representation, Use of False Passport, Sentence Review, Guilty Plea Mitigation
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
HKSAR
Respondent
Wang Wu
Appellant
Procedural Posture
Magistracy Appeal (criminal) / Appeal Against Sentence; Court of First Instance Hearing on Appeal From KTCC 4542/2003
Legal Issues
- 1 Whether the sentence of 8 months imprisonment is excessive
- 2 Proper approach to sentencing for making a false representation under s.42(1)(a) Immigration Ordinance
- 3 Extent of mitigation afforded by a guilty plea
Ratio Decidendi
The appeal is dismissed because the Magistrate correctly applied precedent (Lin Xiao Feng), used 12 months as the starting point and permissibly reduced it by a third for the guilty plea; the resulting sentence of 8 months is not excessive.
Court Disposition
Appeal against sentence dismissed; sentence of 8 months imprisonment upheld.
Orders
- Appeal dismissed and sentence of 8 months imprisonment upheld.
Full Case Text
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