Regina v Chen (Siao Bing) and Others: CACD 17 Apr 2001

A foreign national, when sentenced, was made subject to an order that he be deported on completing his sentence. The defendants appealed saying that the term of imprisonment should reflect that the fat that they would be returned to a regime of which they had good cause to fear. The court rejected this, saying that if, at the end of the sentence the defendant was in proper fear of the consequences of being returned, procedures existed to make application to the Home Office. They also asked that the court should make allowance for the fact that they would be serving the sentence in an environment which was foreign to them. The court felt this to be minor consideration which could not displace the need shown here for a deterrent sentence.

Citations:

Times 17-Apr-2001

Criminal Sentencing

Updated: 10 April 2022; Ref: scu.88409