HKSAR v. T T C

DCCC 396/2019

[2020] HKDC 338

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 396 OF 2019

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Reasons for Sentence

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1.  The defendant has pleaded guilty to two charges of indecent assault. The charges relate to unknown dates in 2017 and 2019. The victim, who was a girl, was respectively aged 12 and 13 at the time of the two indecent assaults on her. At the time, the defendant was having an extra-marital affair with the girl’s mother. Details of the indecent assaults can be seen from the Admitted Facts. I do not propose to further rehearse them here. The indecency involved sexual misconduct relating to the victim’s breasts and intimate parts.

2.  The defendant has made a full admission.  He has expressed remorse and shame.  He puts forward no excuses for his conduct.  He takes full responsibility.

3.  The defendant is a man of previous clear record, aged 59 at the time his antecedents were taken.  He will be 60 this year.  He has an adult child.  He is a married man; he is still married.  His family supports him.  The reports show that he is a person with a low risk of recidivism.  There are also commendation from former colleagues and, as I said earlier, support from his wife.

4.  Reports obtained on the victim show her to be generally well adjusted.  She is troubled by difficult relationships with her family as a result of her disclosure of this offence.  This is unfortunate, but it is hoped that can be worked through with assistance.

5.  Turning to the sentence, there is no sentencing tariff for this offence.  Sentencing in such cases must contain some of the following factors: 

(1) it must deter others from committing offences such as these on young and vulnerable people;

(2) it must ensure their protection. The victim in this case was very young and there was a vast age disparency between the defendant and the victim;

(3) any sentencing must reflect public disquiet at offences of this nature and the exploitation of young people;

(4) it must be capable of redressing any grievance felt by the victim and relatives, if they are concerned.

6.  For this, I refer to the case of Secretary for Justice v Huang Long Wei at CAAR 5/2008.  I note the defendant was not in loco parentis or in the role of a stepparent but was simply involved with the victim’s mother, but that did give him access to this young female.

7.  In determining the sentence, the starting point for sentence and the length of the sentence, the court should in this case bear in mind the nature of the assaults, the young age of the victim at the material time, and the repetitive occurrence of the outrage.

8.  Having regard to all these factors, I shall take a starting point for sentence on each of the 2nd and 3rd charges of 27 months’ imprisonment. 

9.  The defendant is entitled to a full one-third discount on each of those offences.  That will leave a sentence of 18 months’ imprisonment on each charge.

10.  The offences were committed years apart and so represent a repetitive course of conduct.  This must be reflected in making some part of the sentences to be served consecutively to each other. 

11.  I will order that 6 months of the 3rd charge be served consecutively to the 2nd charge, giving an overall total sentence of 24 months’ imprisonment.  That will be my sentence.