HKSAR v. AMARJIT, SINGH

HKSAR v. AMARJIT, SINGH

The appeal was dismissed; the 15 month concurrent sentences were appropriate under the established tariff for using a forged ID to obtain employment and no deduction of 89 days administrative detention was ordered because that detention did not relate to the offences and was not immediately prior to first appearance...

Source-derived case information.

Citation
HKSAR v. AMARJIT, SINGH
Parties
Respondent: HKSAR; Appellant: Amarjit Singh
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 September 2015
Case Number
HCMA437/2015
Procedural Posture
Magistracy Appeal (criminal) From KTCC 3158/2015 / Appeal Against Sentence (rehearing in Court of First Instance)
Outcome
Appeal dismissed; sentence of 15 months imprisonment on two charges to run concurrently upheld.
Legal Topics
Use of Forged Identity Document, Credit for Pre Trial/administrative Detention, Mitigation and Humanitarian Grounds, Statutory Interpretation of S67 a CPO
Source Language
en
Criminal Law Immigration Law Sentencing Procedure Use of Forged Identity Document Credit for Pre Trial/administrative Detention Mitigation and Humanitarian Grounds Statutory Interpretation of S67 a CPO

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Parties

HKSAR

Respondent

Amarjit Singh

Appellant

Procedural Posture

Magistracy Appeal (criminal) From KTCC 3158/2015 / Appeal Against Sentence (rehearing in Court of First Instance)

Legal Issues

  1. 1 Whether the 15 month custodial sentence for using a forged ID was excessive
  2. 2 Whether 89 days of administrative detention should be deducted under s67A(1)(a) CPO
  3. 3 Whether family hardship/humanitarian grounds justify further sentence reduction

Ratio Decidendi

The appeal was dismissed; the 15 month concurrent sentences were appropriate under the established tariff for using a forged ID to obtain employment and no deduction of 89 days administrative detention was ordered because that detention did not relate to the offences and was not immediately prior to first appearance as required by s67A(1)(a) CPO; humanitarian family hardship did not justify further reduction.

Court Disposition

Appeal dismissed; sentence of 15 months imprisonment on two charges to run concurrently upheld.

Orders

  • Appeal dismissed
  • Sentence of 15 months imprisonment on each of two charges to run concurrently upheld