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Magistracy Appeal1995

THE QUEEN v. LIU CHOI WAN

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32191-EN-1996-02-09

THE QUEEN v. LIU CHOI WAN

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HCMA001137/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.1137 OF 1995

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BETWEEN
THE QUEENRespondent
AND
LIU CHOI WANAppellant

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Coram : Hon Duffy, J. in Court

Date of hearing : 6th February 1996

Date of handing down judgment : 9th February 1996

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J U D G M E N T

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1. This was an appeal against a sentence of 15 months imposed for remaining in Hong Kong without the authority of the Director of Immigration and possession of a forged travel document. Sentences of 15 months were imposed for each offence and they were ordered to be served concurrently. These were perfectly proper sentences which were not wrong in law nor manifestly excessive.

2. However, the appellant pleaded with me that her mother had suffered a stroke in September 1995, and was now permanently paralysed, and that her child was being looked after by a neighbour. As an act for mercy, therefore, I reduced the sentence from one of 15 months to one of 12 months.

Representation:

Mr F. Veltro, S.C.C., for Crown

Appellant (Liu Choi Wan) in person

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(J.M. Duffy)
Judge of the High Court