R. v. RAJA MUHAMMAD IQBAL KHAN

R. v. RAJA MUHAMMAD IQBAL KHAN

The magistrate had taken into account all relevant circumstances; the imposed sentences of three months imprisonment on each count to run consecutively (total six months) were not manifestly excessive, therefore the appeal against sentence was dismissed.

Source-derived case information.

Citation
R. v. RAJA MUHAMMAD IQBAL KHAN
Parties
Appellant: Raja Muhammad Iqbal Khan; Respondent: The Queen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 June 1995
Case Number
HCMA395/1995
Procedural Posture
Magistracy Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Possession of Identity Document Replacement Form, Breach of Condition of Stay, Sentence Review, Manifestly Excessive Sentence
Source Language
en
Immigration Law Criminal Law Sentencing Possession of Identity Document Replacement Form Breach of Condition of Stay Sentence Review Manifestly Excessive Sentence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Raja Muhammad Iqbal Khan

Appellant

The Queen

Respondent

Procedural Posture

Magistracy Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether possession of an identity card replacement form relating to another person contravened the Immigration Ordinance
  2. 2 Whether the appellant had unlawfully remained in Hong Kong after permitted stay
  3. 3 Whether consecutive sentences of three months on each count (total six months) were manifestly excessive

Ratio Decidendi

The magistrate had taken into account all relevant circumstances; the imposed sentences of three months imprisonment on each count to run consecutively (total six months) were not manifestly excessive, therefore the appeal against sentence was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Convictions and sentences upheld
  • Sentences of three months imprisonment on each count to run consecutively, total six months