15 Aug 1990
RE LAU HO SUM AND OTHERS
- Citation
- RE LAU HO SUM AND OTHERS
- Court
- Court of Appeal
- Case number
- CAAR12/1990
The Court reaffirmed that unlawful presence is principally a deterrence offence and that the 15‑month guideline remains appropriate for typical cases; mitigation for being 'lulled' into security by prosecutorial policy is limited to those actually in a position to have relied on that policy and not to persons who left after the policy change was publicised; youth and extreme youth/humanitarian factors can justify lower or suspended sentences in appropriate cases; accordingly the Court substituted increased sentences in several reviews and dismissed certain appeals while preserving the practic…