R. v. Hau Yan Kwok

CACC000351/1995

IN THE COURT OF APPEAL

1995, No. 351

(Criminal)

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Coram: Hon Power, V-P and Mayo, JA

Date of hearing: 3 November 1995

Date of judgment: 3 November 1995

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J U D G M E N T

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Mayo, JA giving the judgment of the Court:

1. The applicant seeks leave to appeal against the sentence of three years and four months' imprisonment imposed upon him for being a member of the crew of a ship bringing unauthorised entrants into Hong Kong.

2. The facts were quite simple. In the early hours of the morning of 27 February this year police officers on duty at Deep Bay saw an unlit vessel sailing towards Nian Wan.

3. They intercepted the vessel and found that the applicant was steering the vessel and that it had six males and three females on board all of who were unauthorised entrants.

4. The applicant pleaded guilty before His Honour Judge Caird and he imposed the sentence of three years and four months' imprisonment. He said in doing so that he used as a starting point four years' imprisonment and gave a discount to reflect the applicant's plea of guilty and the time which he was in police custody.

5. In the applicant's grounds of appeal he states that he was cheated by the men who had engaged his services and he refers to his unfortunate family circumstances.

6. We consider that having regard to the role assumed by the applicant of steering the vessel he was indeed fortunate that Caird DJ adopted four years as his starting point particularly as it subsequently transpired that the vessel in question was not in good sea worthy condition.

7. As against that the discount given for the guilty plea was not over generous.

8. Before us the applicant complained of difficulty of hearing. We arranged for him to be physically examined by a specialist. The specialist was satisfied that his hearing was within the normal range of hearing. Nothing which has been raised by the applicant would justify us in interfering with the sentence which was imposed.

9. The application is accordingly dismissed.

Representation:

Ms Wong Kam Hing for Crown Prosecutor

Hau Yan-kwok, Applicant - in person/present