HKSAR v. ARSHAD MUHAMMAD

HKSAR v. ARSHAD MUHAMMAD

The Magistrate correctly imposed the sentence and correctly allowed credit for the period of administrative custody together with an additional one-month credit; there was no basis for interference on appeal and the appeal is dismissed.

Citation
HKSAR v. ARSHAD MUHAMMAD
Parties
Respondent: HKSAR; Appellant: ARSHAD MUHAMMAD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 November 2010
Case Number
HCMA649/2010
Procedural Posture
Magistracy Appeal (stcc No. 310 of 2010) / Judgment on Appeal (high Court, Court of First Instance)
Outcome
Appeal dismissed; sentence affirmed.
Legal Topics
Sentence Calculation, Credit for Time Served, Administrative Custody
Source Language
EN
Criminal Law Sentencing Appeal Sentence Calculation Credit for Time Served Administrative Custody

Case Brief

Summary, issues, holding and outcome

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Parties

HKSAR

Respondent

ARSHAD MUHAMMAD

Appellant

Procedural Posture

Magistracy Appeal (stcc No. 310 of 2010) / Judgment on Appeal (high Court, Court of First Instance)

Legal Issues

  1. 1 Whether the Magistrate erred in sentencing the appellant
  2. 2 Whether the credit for time spent in administrative custody and the additional one-month credit was appropriate

Ratio Decidendi

The Magistrate correctly imposed the sentence and correctly allowed credit for the period of administrative custody together with an additional one-month credit; there was no basis for interference on appeal and the appeal is dismissed.

Court Disposition

Appeal dismissed; sentence affirmed.

Orders

  • Appeal dismissed
  • Sentence affirmed