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HCCC84/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 84 OF 2012
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| Before: |
The Honourable Mrs Justice V Bokhary |
| Date: |
10 May 2012 at 10.07 am |
| Present: |
Ms Grace Chan, SPP, of the Department of Justice, for HKSAR |
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Mr Kan Wing-fai Terry, instructed by Messrs Christine M Koo & Ip (assigned by DLA), for the Accused |
| Offence: |
(1) Indecent assault on another person (猥褻侵犯另一人) |
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(2) Attempted rape (企圖強姦) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Wai Chi-yau, I have taken into account everything said on your behalf. The indecent assault and the attempted rape, although committed against the same victim and on the same occasion, are distinct offences calling for punishment reflecting that fact.
This is a bad case. The victim was only 15 years old. It was premeditated and planned. The experience which she was put through was a terrible experience and it lasted for four hours.
Trickery was used to get the victim to the place where the offences were committed. Threats were used in trying to prevent her from reporting the matter.
For the indecent assault I adopt a starting point of 4 years. For the attempted rape I adopt a starting point of 7 years. Each of those terms is reduced by one-third for your guilty plea and also for your surrender to the police. That means a sentence of 2 years and 8 months for indecent assault and 4 years and 8 months for the attempted rape.
In all the circumstances and taking into account of totality, I order that 1 year and 4 months under the indecent assault charge to run consecutively to the 4 years and 8 months under the attempted rape, the 2nd charge.
You will therefore go to prison for a total of 6 years.
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