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On rehearing the court accepted the prosecution witnesses and expert report, concluded the appellant possessed and used the forged identity document knowing it was forged, and that she inflicted unlawful force on a police officer performing his duty; these findings met the beyond‑reasonable‑doubt standard and sustain both convictions, so the appeal is dismissed.
Source excerpt
Given binding and persuasive appellate authorities establishing a 12-month post-plea baseline for possession of another's identity card and that possession implies illicit purpose, the judge correctly applied that benchmark; the appellant's collateral explanation and personal mitigation did not rebut the established sentencing principle and were insufficient to justify a non-custodial or reduced sentence, so the 12-month imprisonment was appropriate and is upheld.
Source excerpt
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.
Source excerpt
Leave to appeal against sentence was refused. The Court upheld aggregate terms of 42 months for D1 and 35 months for D2 for theft, possession of identity cards, and handling stolen goods.
The appeal was refused because the sentencing judge properly applied sentencing principles: the burglary involved an organised and premeditated operation targeting a dwelling with significant loss, justifying a 4‑year starting point reduced by one‑third for plea to 32 months; misuse of another's ID justified a 12‑month sentence after discount; limited concurrency (3 months) was appropriate given separate dates and locations; the aggregate 41‑month term was not manifestly excessive and no arguable ground for leave existed.
Source excerpt
The trial judge lawfully exercised sentencing discretion by adopting 22.5 months starting points, giving a one-third reduction for guilty plea, and ordering partial concurrency (3 months of the second count consecutive) resulting in a total effective sentence of 18 months; that overall sentence is not excessive and the appeal is dismissed.
Source excerpt
The Court of Appeal refused a renewed leave application and dismissed the appeal, upholding a 35-month sentence for multiple thefts and possession of others’ identity cards.
Because the appellant admitted illegal entry and unauthorised employment and also admitted using a forged identity card to obtain employment, the appropriate sentences are 18 months for the s38AA offence (increased from the usual 15 months) and 15 months for the forged ID offence; however, the offences are closely linked and the correct approach is to order the sentences to run concurrently rather than partly consecutively, yielding an effective total term of 18 months; the magistrate's order for partial consecutive execution (total 21 months) was therefore set aside and substituted.
Source excerpt
The appellate court will not disturb the trial judge's sentencing where relevant authorities were applied and no special mitigation was shown; a 6-week sentence for the indecent assault was not excessive and a 15-month sentence for possession of another's identity card was within the established benchmark; the two distinct offences justified consecutive sentences.
Source excerpt
Magistracy appeal against an 18-month sentence was allowed in part. The court credited 36 days in Immigration custody and reduced the total sentence to 16 months.
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