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HCCC170/2008
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 170 OF 2008
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Before DHCJ Geiser
Date: 9 March 2009 at 11.01 am
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Present:
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Ms Polly Wan, SPP of the Department of Justice, for HKSAR
Mr Andrew Raffell, instructed by Philip W I Li & Co., for the Accused
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Offence: Rape (強姦)
Transcript of the Audio Recording
of the Sentence in the above case
COURT: Defendant, you have pleaded guilty to an offence of rape contrary to section 118(1) of the Crimes Ordinance, Cap. 200, Laws of Hong Kong the particulars being that on 13 February of last year, inside Koon Thai Hai Nan Chicken at the Ground Floor of No. 27, Pak Tai Street, To Kwa Wan, that you raped the victim.
The facts, which you have agreed, indicate that you, together with some work colleagues, including the victim, went out to celebrate the birthday party of your manager. After the party, you returned to the restaurant at about 3 o'clock in the morning with the victim, as you had to start work there later that morning.
Once you arrived at the premises, you pushed the victim to the floor, grabbed her neck and pressed your elbow against her collarbone so that she could not make any sound. You forcibly removed the victim's trousers and underpants, ejaculated some semen into her mouth, before raping the unfortunate lady without the use of any condom.
The following day, you then boasted to one of your work colleagues that you had had sex with the victim and did not use a condom.
The victim was examined on 18 February where injuries were found on her consisting of bruising over her right lower jaw, bruising over her neck, bruising over her chest and bleeding spots at the front of her armpits.
Suffice to say that this incident must have been terrifying for the victim. The impact report on her that I have read indicates that she felt ashamed, depressed, extreme embarrassment, resulting in her having to quit her job and move away from her family to live and work on Hong Kong Island.
I'm pleased to say - though it is no thanks to you - that the victim appears now to have calmed down and is gradually able to get over this ordeal that you put her through.
You are now 25 years of age and have a poor criminal record including offences involving triad activity, blackmail and assault. The only mitigating feature in this case is your plea of guilty and I will give you full credit for that which has spared the victim of having to come to court and relive this ordeal.
I propose to adopt a starting-point of 6 years' imprisonment. I will, however, increase this starting-point by 2 years to reflect the fact that unnecessary violence was used on the victim resulting in the injuries that I have referred to and also to reflect the fact that no condom was used, both of which I regard as aggravating features which increases the sentence to one of 8 years' imprisonment.
From this I will deduct one-third to take account of your plea of guilty, arriving at a sentence of 5 years and 4 months' imprisonment.
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