HKSAR v. HASAN RASHED

HKSAR v. HASAN RASHED

The magistrate's sentence of 18 months was within established sentencing practice: a 20 month starting point after trial with a two month deduction for administrative custody produced the imposed sentence; the court found no further mitigation and dismissed the appeal.

Citation
HKSAR v. HASAN RASHED
Parties
Appellant: HASAN RASHED; Respondent: HKSAR
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 January 2012
Case Number
HCMA647/2012
Procedural Posture
Criminal Appeal (magistracy) / Sentence Appeal (judgment)
Outcome
Appeal dismissed
Legal Topics
Removal Order, Taking Employment While Removal Order in Force, Plea Discount/tariff, Deduction for Time in Custody
Source Language
EN
Immigration Law Criminal Law Sentencing Law Removal Order Taking Employment While Removal Order in Force Plea Discount/tariff Deduction for Time in Custody

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Parties

HASAN RASHED

Appellant

HKSAR

Respondent

Procedural Posture

Criminal Appeal (magistracy) / Sentence Appeal (judgment)

Legal Issues

  1. 1 Appropriate sentence for offence of taking employment while subject to a removal order
  2. 2 Application and calculation of plea discount/tariff after trial
  3. 3 Appropriate deduction for time spent in administrative custody prior to sentence

Ratio Decidendi

The magistrate's sentence of 18 months was within established sentencing practice: a 20 month starting point after trial with a two month deduction for administrative custody produced the imposed sentence; the court found no further mitigation and dismissed the appeal.

Court Disposition

Appeal dismissed

Orders

  • Sentence of 18 months imprisonment upheld