Read the full judgment text of CAAR 000009/1995 on BabelCite. This Court of Appeal judgment was delivered on 14 September 1995 before Power Ag. C.J., Mayo J.A., P. Chan J..
Criminal law – sentencing – Attorney General's review – assisting unauthorized entrants – endangering safety at sea – consecutive sentences – Immigration Ordinance – Shipping and Port Control Ordinance – The respondent was the helmsman of a sampan during a high-speed chase after unauthorized entrants had disembarked. He was convicted of assisting unauthorized entrants (3½ years) and endangering safety at sea (18 months), with sentences ordered concurrent. The Attorney General sought review for undue leniency. The Court of Appeal held that the sentences should have been consecutive. Reduced first sentence to 3 years but increased second to 2½ years, ordering them consecutive for a total of 5½ years. The court considered the usual starting point of 4 years applies to crew members profiting from the voyage; the respondent's culpability was lower. The endangered safety offence was very serious and required a consecutive term.
Legal issues: Sentence for assisting unauthorized entrants · Consecutive sentences for endangering safety at sea
Outcome: Application for review granted; sentences varied.
Cited by 21 cases