THE QUEEN v. BIAGTAN DANILO P.

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1241 OF 1995

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J U D G M E N T

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1. This was an appeal against a sentence of nine months for making a false representation to an Immigration Officer. The learned Magistrate, relying on the case of Javed Asif & Another, Magistracy Appeal No. 1770 of 1990, imposed a sentence of nine months.

2. Mr Raffell who appeared on the appeal submitted that he was wrong to rely on the case of Javed Asif but should have relied on a number of other authorities, one of which was R. v. Bhagwant Singh-Padda, Magistracy Appeal No. 1447 of 1988. In these cases, a sentence of six months was found to be appropriate for offences of this nature. I agreed and reduced the sentence to one of six months. The appeal was allowed accordingly.