HKSAR v. Mirza Munawar Luqmah
Read the full judgment text of HCMA 605/2013 on BabelCite. This High Court CFI judgment was delivered on 17 December 2013.
1. This is an appeal against sentence. The sentence of 12 months’ imprisonment which the Magistrate passed on this Appellant following his plea of guilty to possession of an identity card relating to another person is within the relevant sentencing guidelines, and the Magistrate was clearly right in her view that there is nothing in the circumstances to justify any departure from those guidelines.
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HCMA 605/2013 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO 605 OF 2013 (ON APPEAL FROM ESCC 2162 OF 2013) ____________
_________________ J U D G M E N T _________________ 1.This is an appeal against sentence. The sentence of 12 months’ imprisonment which the Magistrate passed on this Appellant following his plea of guilty to possession of an identity card relating to another person is within the relevant sentencing guidelines, and the Magistrate was clearly right in her view that there is nothing in the circumstances to justify any departure from those guidelines. 2.The Magistrate was also clearly right in her view that the period of administrative detention which the Appellant underwent from 17 April 2003 and 24 December 2004 while the Immigration Department processed his torture claim before releasing him on his own recognizances had nothing whatsoever to do with his present offence, and she was justified in not taking into account. 3.There is no proper basis on which to interfere with this sentence, and the appeal against it is dismissed.
The Appellant appeared in person Mr Frederick Chung, of the Department of Justice, for the respondent | ||||||||||||||||||||||
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