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DCCC810/2010 & 20/2011
(Consolidated)
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 810 OF 2010 AND 20 of 2011
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HKSAR |
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v. |
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Najam Sheraz also known as Khuram Raza Abad Ali (D3) |
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Before:
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Deputy District Judge Dufton
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Date:
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8 June 2011 at 3.13 pm
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Present:
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Mr Anthony James Sherry, Counsel on fiat, for HKSAR
Mr David A S Khosa, instructed by Chong, So & Co., assigned by the Director of Legal Aid, for the 1st Defendant
Mr Hanif Mohamed Mughal, instructed by Messrs Krishnan & Tsang, assigned by the Director of Legal Aid, for the 2nd Defendant
Mr Leung Hung-kuk Michael, instructed by Messrs Huen & Partners, assigned by the Director of Legal Aid, for the 3rd Defendant
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Offence:
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(5) Resisting a police officer in execution of duty
(抗拒在正當執行職務的警務人員)
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Reasons for Sentence
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1. D3 pleaded guilty to the 5th charge on the Charge-Sheet resisting a police officer in execution of his duty.
2. The facts admitted by the defendant sometimes ago at the beginning of the trial of the other charges revealed a violent struggle with SPC21775, which caused both the defendant and the police officer to fall on the ground.
3. As a result the police officer suffered, fortunately only relatively minor injuries, swelling and abrasion and tenderness to various parts of his body including his hands, forehead, knee, wrist, elbow, back and shoulder. The police officer’s glasses were also broken.
4. In passing sentence, I take into account your plea of guilty and everything said on your behalf by Mr Leung. I am satisfied the proper sentence for those who uses violence on police officers who carried out their duty is one of immediate prison sentence.
5. In all the circumstance of this case, I am satisfied the proper starting point after trial, would be 1½ months imprisonment. Full credit for his plead of guilty D3 is sentenced on Charge 5 to 1 month imprisonment.
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(D.J. Dufton)
Deputy District Judge |
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