8 Dec 2017
HKSAR v. SULEMAN MUHAMMAD
- Citation
- HKSAR v. SULEMAN MUHAMMAD
- Court
- Court of Appeal
- Case number
- CACC113/2017
The judge's findings that the occupants were unauthorized entrants and that the applicant's unsworn interview account was inherently implausible were reasonably open on the evidence, so leave to appeal conviction was refused; however, there was a reasonably arguable ground that the sentencing judge erred in applying a five year starting point (appropriate for captains/persons in charge) and in enhancing it for absence of safety equipment where the applicant appeared to be a crew member simpliciter, so leave to appeal sentence was granted and legal aid provided.