Read the full judgment text of CACC 000052/1994 on BabelCite. This Court of Appeal judgment was delivered on 28 July 1994 before Hon Silke, V.-P., Power, V.-P. and Stuart-Moore, J..
Sentencing - carrying unauthorised entrants. The Court held that for the captain or person in charge of a vessel carrying unauthorised entrants into Hong Kong the proper starting point was 5 years imprisonment and that this starting point should also apply to others, including crew members, who had taken an active part in the organisation of the venture. Four years was held to be the appropriate starting point for a crew member simpliciter. Additional sentences imposed when circumstances of aggravation are shown will only apply to persons other than the captain if they are shown to have been in some way actively involved in these circumstances. The court observed that the particulars of the offence should specify whether any person is alleged to be the captain or person in charge and that there should be no substantial discount for youth. Appeal allowed; sentence reduced to 17 months.
Legal issues: Sentencing starting point for carrying unauthorized entrants under s.37C(1)(a) Immigration Ordinance
Outcome: Appeal allowed in part; sentence reduced from 2 years imprisonment to 17 months imprisonment.
Cited by 4 cases