HKSAR v. NASIR

HKSAR v. NASIR

The sentences imposed (2 months for attempting to mislead a police officer and 4 months for breach of condition of stay, to run consecutively) were appropriate; the appellant's mother's ill health did not justify reducing the sentences and the appeal against sentence is dismissed.

Citation
HKSAR v. NASIR
Parties
Respondent (prosecution): HKSAR; Appellant (defendant): Nasir
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 February 1998
Case Number
HCMA135/1998
Procedural Posture
Magistracy Criminal Appeal / Hearing and Judgment on Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Attempt to Mislead Police, Breach of Condition of Stay, Sentencing, Appeal
Source Language
EN
Criminal Law Immigration Law Attempt to Mislead Police Breach of Condition of Stay Sentencing Appeal

Case Brief

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Parties

HKSAR

Respondent (prosecution)

Nasir

Appellant (defendant)

Procedural Posture

Magistracy Criminal Appeal / Hearing and Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were excessive
  2. 2 Whether the appellant's mother's ill health constituted relevant mitigation
  3. 3 Whether the sentences should run consecutively or concurrently

Ratio Decidendi

The sentences imposed (2 months for attempting to mislead a police officer and 4 months for breach of condition of stay, to run consecutively) were appropriate; the appellant's mother's ill health did not justify reducing the sentences and the appeal against sentence is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal against sentence dismissed
  • Sentence of 2 months imprisonment for attempting to mislead a police officer