The Queen v. Biagtan Danilo P.

Read the full judgment text of HCMA 1241/1995 on BabelCite. This High Court CFI judgment was delivered on 12 March 1996.

1. This was an appeal against a sentence of nine months for making a false representation to an Immigration Officer. The learned Magistrate, relying on the case of Javed Asif & Another, Magistracy Appeal No. 1770 of 1990, imposed a sentence of nine months.

Cited by 1 case

Case No.HCMA 1241/1995
Court
High Court CFI
Date12 Mar 1996
Judge
Case Document
100%Judiciary

HCMA001241/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1241 OF 1995

------------------

BETWEEN
THE QUEEN Respondent
AND
BIAGTAN DANILO P. Appellant

-------------------

Coram : Hon Duffy, J. in Court

Date of hearing : 7 March 1996

Date of handing down judgment : 12 March 1996

----------------------

J U D G M E N T

----------------------

1. This was an appeal against a sentence of nine months for making a false representation to an Immigration Officer. The learned Magistrate, relying on the case of Javed Asif & Another, Magistracy Appeal No. 1770 of 1990, imposed a sentence of nine months.

2. Mr Raffell who appeared on the appeal submitted that he was wrong to rely on the case of Javed Asif but should have relied on a number of other authorities, one of which was R. v. Bhagwant Singh-Padda, Magistracy Appeal No. 1447 of 1988. In these cases, a sentence of six months was found to be appropriate for offences of this nature. I agreed and reduced the sentence to one of six months. The appeal was allowed accordingly.

Representation:

Mr W.S. Cheung, D.P.C.C., for Crown

Mr Andrew Raffell (D.L.A.) for Appellant

- 2 -

(J.M. Duffy)
Judge of the High Court
Cited by 1 case

Other judgments that cite this case