THE QUEEN v. BIAGTAN DANILO P.
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HCMA001241/1995
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. 1241 OF 1995
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| BETWEEN | ||
| THE QUEEN | Respondent | |
| AND | ||
| BIAGTAN DANILO P. | Appellant |
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Coram : Hon Duffy, J. in Court
Date of hearing : 7 March 1996
Date of handing down judgment : 12 March 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 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
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| (J.M. Duffy) | |
| Judge of the High Court |