21 Dec 1995
THE QUEEN v. LAU SUNG and Others
- Citation
- THE QUEEN v. LAU SUNG and Others
- Court
- Court of Appeal
- Case number
- CACC170/1995
The trial judge's last-minute contradictory direction that knowledge obtained after the commencement of the voyage could not constitute the defence under s.37C(2)(b) was a misdirection that made D1's conviction unsafe; the conviction was quashed and sentence set aside. For D2–D4, the appropriate starting point having regard to their conduct was five years, reduced by one‑third for guilty pleas to three years and four months each, and their original sentences were substituted accordingly.