HKSAR v. AZAD MOHAMMAD FARHAN

HCCC 44/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 44 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: You have been found guilty of three charges by a unanimous verdict of a jury. The offences for which you have been convicted today are rape, non-consensual buggery and robbery.

The victim was a lone woman going home from work. She was dragged off the street by force; her neck was arm-locked; she was punched in the face and the body and eventually dragged upstairs to the building where, on the staircase, you proceeded to rape and bugger her for some period, force her to give you oral sex and, eventually, robbed her of her belongings and left.

It was clear that she was treated very roughly in order to accomplish your desires. That is shown by the Forensic Pathologist’s report of the injuries. It is quite clear that none of this activity was consensual and significant force must have been used to account for some of the injuries that the Forensic Pathologist noted.

For each of these three offences, the maximum sentence is life imprisonment.

I note that you have a previous criminal record. In 2009, for possession of dangerous drugs, you were fined. On 3 February 2012, you were convicted of theft and sentenced to 16 months’ imprisonment, and that theft took place very shortly before the present offences for which you have just been convicted.

This is a very serious case which has aggravating factors existing which call for a higher than usual sentence. First of all, violence in excess of what was needed for the rape was used. It was an attack on a lone woman under the cover of darkness. The victim was additionally humiliated and degraded by being forced to give you oral sex. No condom was used which exposed her to the risk of infection. Forcible penile penetration caused serious tears of the vaginal wall which caused lengthy bleeding that had to be stopped by surgery and the two lacerations were sutured under anaesthetic.

Although the time cannot be established with certainty, it appears that at around 2.25 am to 3.35 am, you were involved in these activities at 852 Canton Road. This was not a short ordeal for the victim.

I have considered the authorities and the cases, in respect of the offence of rape in particular, and note the usual starting point can be raised in instances where aggravating factors exist. In this case there are at least four or five aggravating factors.

I take a starting point of 18 years’ imprisonment on the rape. I take 15 years for the buggery. In respect of the robbery, I note that that was committed at the end of the effective violence but I note that no weapon was used and no additional violence was used for the robbery. I accept that these offences were all part of one transaction.

I have considered the question of whether there was any justification for giving a discount from any of those starting points that I have chosen but I can find none.

Accordingly, I sentence the defendant to 18 years on Charge 1, 15 years on Charge 2, 4 years on Charge 3, and I order that all those offences run concurrently to take note of the totality and the fact that they were committed at the same period of time.

ADDENDUM to Reasons for Sentence in HCCC 44/2014

Aggravating Factors in Rape.

1.  Significant violence used over and above that needed for rape.

2.  Multiple injuries detailed in Forensic Pathologist’s report.

3.  Victim abducted on street in early hours of morning – punched on face and body chokehold to drag her to staircase.

4.  Humiliation consequent on two episodes of enforced oral sex.

5.  No use of condom thus exposing victim to risk of infection and sexually transmitted diseases.

6.  Lacerations to vaginal wall caused serious bleeding which necessitated surgery.

7.  Defendant acting in concert with another male who acted as lookout/assistant

8.  Threats that defendant had a knife