HKSAR v Mohammad Iftikhar

Court of First Instance
Magistracy Appeal No 6 of 2013
Verina Bokhary J
10 April 2013

Giving false information to police — whether sentence manifestly excessive

The defendant (“D”) pleaded guilty to giving false information to the police and to having landed in Hong Kong unlawfully and then remaining without authority. In June 2007, D completed a prison sentence for unrelated offences and was held in administrative custody for 11 months until he was deported in May 2008. In August 2012, D unlawfully re-entered Hong Kong and committed the present offences. He was sentenced to concurrent sentences of three months on Charge 1 and 15 months on Charge 2, and duly appealed against this sentence.

Held, dismissing the appeal:

The sentence was not manifestly excessive. The circumstances here, namely that D returned to Hong Kong unlawfully after having been deported, did not require that account be taken of such detention which D underwent prior to deportation years earlier.



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