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Magistracy Appeal1995

R. v. AHED HABIB

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16459-EN-1995-04-20

R. v. AHED HABIB

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HCMA000104/1995

IN THE HIGH COURT

1995, No. 104
Magistracy Appeal

___________

 

BETWEEN
THE QUEEN
AND
AHED HABIB

___________

 

Coram: Hon Litton, V.-P. in Court (sitting as an additional High Court Judge)

Date of hearing: 20 April 1995

Date of judgment: 20 April 1995

 

___________________

J U D G M E N T

___________________

 

Litton, V.-P.:

1. This is an appeal against sentence by Mr Ahmed Habib. The appellant is aged 31. He is married with two small children who reside in Pakistan. The appellant pleaded guilty to three charges and was sentenced by Mr Saunders at the Western Magistracy to a total of nine months' imprisonment. The three charges were (a) possession of an identity card relating to another person; (b) using an identity card relating to another person; and (c) breach of a condition of stay contrary to the Immigration Ordinance. Nine months' imprisonment was imposed on each of the three offences to be served concurrently, making a total of nine months.

2. The offences came to light in the course of a routine stop and search operation by the police on 3 December 1994. The magistrate has taken into account all relevant considerations in this case including the appellant's family circumstances. There are no valid grounds of appeal against the sentence and the appeal is dismissed.

Representation:

Mr Patrick Cheung for Crown

Applicant (Ahmed Habib) in person

(Henry Litton)
Vice President