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.
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HCMA001241/1995 IN THE SUPREME COURT OF HONG KONG (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 1241 OF 1995 ------------------
------------------- 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 -
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