HKSAR v. NAWAZ, AHMAD AND ANOTHER
The magistrate adopted the correct sentencing approach and allowed a one month discount for administrative custody; there was no evidence to justify any further discount, therefore each appeal is dismissed.
Source-derived case information.
- Citation
- HKSAR v. NAWAZ, AHMAD AND ANOTHER
- Parties
- Respondent: HKSAR; 1st Appellant: NAWAZ, AHMAD; 2nd Appellant: TOQEER AHMAD
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 11 November 2010
- Case Number
- HCMA742/2010
- Procedural Posture
- Magistracy Appeal (court of First Instance on Appeal From Stcc) / Judgment on Appeal
- Outcome
- Appeals dismissed
- Legal Topics
- Sentence Review, Credit for Time in Custody, Discount for Administrative Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HKSAR
Respondent
NAWAZ, AHMAD
1st Appellant
TOQEER AHMAD
2nd Appellant
Procedural Posture
Magistracy Appeal (court of First Instance on Appeal From Stcc) / Judgment on Appeal
Legal Issues
- 1 Whether the magistrate's sentence was correct
- 2 Whether appellants were entitled to a further discount for time spent in administrative custody
Ratio Decidendi
The magistrate adopted the correct sentencing approach and allowed a one month discount for administrative custody; there was no evidence to justify any further discount, therefore each appeal is dismissed.
Court Disposition
Appeals dismissed
Orders
- Each appeal is dismissed.
- No further discount for time spent in administrative custody is ordered.
Full Case Text
Judgment text and source record
1 paragraphs
bjbj HCMA 742/2010 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO. HCMA 742 OF 2010 (ON APPEAL FROM STCC 4923/2010) ____________ BETWEEN HKSAR Respondent and NAWAZ, AHMAD 1st Appellant TOQEER AHMAD 2nd Appellant ____________ Before: Hon Wright J in Court Date of Hearing: 11 November 2010 Date of Judgment: 11 November 2010 _______________ J U D G M E N T _______________ The Magistrate took the correct starting point in respect of each of their sentences. He allowed the appellants a 1 month discount to cover the period which each of the appellants had spent in administrative custody. The sentence was correct. There is nothing which was put before me today that suggested the appellants were entitled to any further discount. Consequently, each appeal is dismissed. (A R Wright) Judge of the Court of First Instance High Court Ms Samantha Chiu, PP of Department of Justice, for the Respondent The 1st and 2nd Appellants, in person 1udk h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP hsF; h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP 1udk h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP h4rP [Content_Types].xml Iw}, $yi} _rels/.rels theme/theme/themeManager.xml K Y, sQ}# theme/theme/theme1.xml w toc'v )I`n 3Vq%'#q x}r :\TZaG I u3 L+M2 e\O* $*c? )6-r IqbJ#x ,AGm T[XF64 E)`# R>QD =(K& =al- 4vfa 0%M0 theme/theme/_rels/themeManager.xml.rels 5 6?$Q K(M&$R(.1 [Content_Types].xmlPK _rels/.relsPK theme/theme/themeManager.xmlPK theme/theme/theme1.xmlPK theme/theme/_rels/themeManager.xml.relsPK <?xml version="1.0" encoding="UTF-8" standalone="yes"?> <a:clrMap xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" bg1="lt1" tx1="dk1" bg2="lt2" tx2="dk2" accent1="accent1" accent2="accent2" accent3="accent3" accent4="accent4" accent5="accent5" accent6="accent6" hlink="hlink" folHlink="folHlink"/> _'{! Z:uB\ gHG\ u^x\ _'{! Z:uB L ~Z user Normal.dotm setup Microsoft Office Word Judiciary Hong Kong SAR Title Microsoft Office Word 97-2003 Document MSWordDoc Word.Document.8