Read the full judgment text of CACC 393/2009 on BabelCite. This Court of Appeal judgment was delivered on 1 June 2010 before Tang VP, Yeung JA, M Poon J.
Criminal law – sentencing – assisting passage of conveyance carrying unauthorized entrants – aiding and abetting attempted landing – appeal – manifestly excessive – starting point – consecutive vs concurrent – aggravating factors – unseaworthy vessel – no life-saving apparatus – 12 illegal immigrants – coxswain – guilty plea – one-third discount – total sentence reduced from 4 years 9 months to 4 years – sentencing starting point for coxswain conveying illegal immigrants by fishing vessel should not ordinarily exceed 6 years even with aggravating factors – two charges arising from same incident should generally be concurrent – Court of Appeal reduced implied starting point from 7 years 3 months to 6 years and ordered concurrent sentences – appeal allowed.
Legal issues: Manifest excessiveness of total sentence
Outcome: Appeal against sentence allowed; sentence reduced from 4 years 9 months to 4 years imprisonment. Individual sentences upheld but ordered to run concurrently.
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