Read the full judgment text of CACC 000175/1992 on BabelCite. This Court of Appeal judgment was delivered on 20 November 1992 before Kempster JA, Litton JA, Wong J.
Criminal law – immigration – illegal immigrants – crew member – sentence – leave to appeal – disparity – guidelines – guilty plea – s 37C(1) Immigration Ordinance (Cap 115) – s 109A Criminal Procedure Ordinance (Cap 221) – The applicant, a 31-year-old fisherman and engineer on a vessel carrying six illegal immigrants, pleaded guilty and was sentenced to 3½ years imprisonment by Judge Evans. He sought leave to appeal, arguing disparity with a co-defendant who received 2 years due to youth and another who received 3 years as master/sub-organiser. The Court of Appeal held that the sentence was within appropriate parameters and disparity between different judges was not a valid ground. Application dismissed.
Legal issues: Leave to appeal against sentence
Outcome: Application for leave to appeal against sentence dismissed.