HKSAR v. ARSHAD MUHAMMAD
- Citation
- HKSAR v. ARSHAD MUHAMMAD
- Status
- Judgment
- Jurisdiction
- Hong Kong
- Court
- Court of First Instance
- Decision
- 11 November 2010
- Posture
- Magistracy Appeal (stcc No. 310 of 2010) / Judgment on Appeal (high Court, Court of First Instance)
- Case number
- HCMA649/2010
- Language
- English
More details
- Court
- Court of First Instance
- Decision
- 11 November 2010
- Posture
- Magistracy Appeal (stcc No. 310 of 2010) / Judgment on Appeal (high Court, Court of First Instance)
- Case number
- HCMA649/2010
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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
02
Material facts
Parties
HKSAR
Respondent Counsel: Ms Samantha Chiu, Public Prosecutor, Department of JusticeARSHAD MUHAMMAD
Appellant Counsel: Appellant in person03
Procedural history
Posture
Magistracy Appeal (stcc No. 310 of 2010) / Judgment on Appeal (high Court, Court of First Instance)
04
Questions and positions
Legal issues
- 01
Whether the Magistrate erred in sentencing the appellant
- 02
Whether the credit for time spent in administrative custody and the additional one-month credit was appropriate
Party arguments
- Applicant
- The appellant appealed against his sentence.
- Respondent
- The respondent submitted that the Magistrate sentenced the appellant correctly and properly awarded credit for the period in administrative custody and an additional one-month credit.
05
Court’s reasoning
Legal principles
- 01
Sentencing practice / Magistrates' discretion
Credit must be given for time spent in custody when calculating sentence
- 02
Appellate review principle
Appellate court will not interfere with a sentencing decision absent an error of law or principle
06
Ratio, limits and disposition
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.
Obiter and limits
- The Magistrate appears to have given the extra credit because the work the appellant was doing was simple.
Court disposition
Appeal dismissed; sentence affirmed.
- Appeal dismissed
- Sentence affirmed
Source and reliance status
Court of First Instance · 11 November 2010
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of First Instance
Judgment· 11 November 2010
bjbj HCMA 649/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO. 649 OF 2010 (ON APPEAL FROM STCC NO. 310 OF 2010) ____
BETWEEN HKSAR Respondent and ARSHAD MUHAMMAD 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 sentenced the appellant correctly and she gave the appellant a credit for the period he had been in administrative custody as well as an additional one-month credit. It seems that the Magistrate gave the appellant the extra credit because the work he was doing was simple. The appellant was sentenced correctly. His appeal is dismissed. (A R Wright) Judge of the Court of First Instance High Court Appellant, in person, present Ms Samantha Chiu, Public Prosecutor of Department of Justice, for the Respondent
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