11 Feb 2022
HKSAR v. LI LIHUA (AKA LI LEON)
- Citation
- [2022] HKCFI 412
- Court
- Court of First Instance
- Case number
- HCMA98/2019
The court held the magistrate's starting point of 12 months for the offence of using a forged identity card was excessive. On the facts — the forged card was of such poor quality it was unlikely to deceive, and the act was a spontaneous mistake made under stress given the Appellant's family circumstances — the appropriate starting point for Offence 1 is 6 months. The magistrate did not sufficiently consider humanitarian mitigation. The appeal is allowed in part and the sentence for Offence 1 is reduced to 6 months, reducing the aggregate sentence to 12 months imprisonment.