12 Mar 2009
The magistrate's starting point and ultimate sentence of 15 months for using a forged travel document, reduced from a 22‑month starting point because of a guilty plea, was within the established range for the offence and not manifestly excessive; the appeal against that sentence fails.
2 Feb 2005
The Court held that the magistrate's sentence of 15 months for using a forged travel document (with a concurrent six-month sentence for false representation) was within the appropriate range, that the appellant was not a transit passenger but was seeking entry, that the data did not show a consistent lower sentencing pattern warranting referral to the Court of Appeal, and accordingly the appeal was dismissed and the sentences confirmed.
16 Jun 1999
The appeal was dismissed because the Magistrate gave detailed reasons, properly applied relevant sentencing principles to the appellant's personal circumstances and the sentences imposed were not excessive but lenient, so there was no grounds for interference on appeal.
13 Jan 1999
The appeal was dismissed because the Court found the sentencing judge had properly identified the gravity of the offence, lawfully adopted a three-year starting point, and applied appropriate discounts (one year for plea/co-operation and three months for foreigner hardship); the judge had taken into account family pressure and employment consequences and there was no shown basis to interfere with the concurrent 21-month terms.
26 Feb 1998
The magistrate's sentencing exercise was lawful and reasonable: a nine‑month starting point for each offence with a one‑third reduction for an early guilty plea resulting in concurrent six‑month terms was within the established sentencing range and the appellant's evidence of his wife's medical condition did not amount to mitigation sufficient to justify a lesser sentence; therefore the appeal is dismissed.
7 May 1993
Given comparable authorities placing the appellant in the least serious category, the appellant's guilty plea and personal circumstances, and the absence of aggravating intent to remain, the appropriate sentence is reduced from 9 months to 6 months imprisonment on each count to be served concurrently.
23 Apr 1993
Leave to appeal out of time was granted on humanitarian grounds because the medical documents, though the type often susceptible to misuse, appeared authentic on the material before the court; having considered mitigation and the proximity of the applicant's scheduled release the court substituted the sentence to permit immediate release.
29 Nov 1988
Because each appellant deliberately presented a forged Portuguese passport and made a false representation to an Immigration Officer fully knowing of the forgery, the sentences imposed by the magistrate (9 months on the forged document charge and 3 months on the false representation charge, to run concurrently) were not manifestly excessive and the appeals were dismissed.
29 Nov 1988
Given that each appellant deliberately presented a forged Portuguese passport and made a false representation to an Immigration Officer while fully aware of the forged nature of the document, the magistrate's concurrent sentences of 9 months (use of forged travel document) and 3 months (false representation) were not manifestly excessive; the mitigating features did not justify reducing the sentences below what the magistrate imposed.
18 Sept 1988
The court held the concurrent sentences of 12 months imprisonment were not excessive and were justified by the aggravating factor of 46 uses of the forged Philippine passport; the appeal was dismissed because the frequency of use distinguished this case from other cases where lesser sentences were imposed.