14 Dec 2010
HKSAR v. TANG ZHUYAN
- Citation
- HKSAR v. TANG ZHUYAN
- Court
- Court of Appeal
- Case number
- CACC223/2010
The Court held that the sampan was not proved to be unseaworthy in the aggravated sense used in precedent, therefore the appropriate starting point for Charge 1 under s37D(1) was 5 years; the appropriate starting point for Charge 2 (endangering safety at sea) was 12 months given absence of specified aggravating features; applying a one-third discount for guilty pleas and the totality principle (with two months of Charge 2 consecutive) the sentences imposed by the judge were excessive and substituted sentences of 3 years 4 months (Charge 1) and 8 months (Charge 2, 2 months consecutive) totalli…