THE QUEEN v. WONG CHAK-MAN

Headnote

Sentence - criminal intimidation - threatening to publish nude photographs of ex-mistress - clinical depression - Othello Syndrome - 6 months imprisonment suspended for 3 years.

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

MAGISTRACY CRIMINAL APPEAL NO. 824 OF 1984

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BETWEEN

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JUDGMENT

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1. The appellant was found guilty in the Magistrates' Court of criminal intimidation, contrary to section 24(a) of the Crimes Ordinance and was sentenced to six months imprisonment. He has abandoned his appeal against conviction and appeals now only against sentence.

2. When the appellant's lover wished to terminate their relationship, the appellant tried to make her change her mind by threatening to publish nude photographs of her, which he had taken over a period of several years. He made her life such a misery that she finally went to the police.

3. Counsel assures me that the appellant is now full of remorse, having been shown the error of his ways by his legal advisers. This may be so, but it has come at a very late stages Not only did he deny the charge and compel the victim to undergo cross-examination, during which false and distressing allegations were made, but, after his conviction, he actually posted some of these photographs to her workmates.

4. The appellant's bizarre and wicked behaviour was provoked by his lover's refusal to continue their relationship. Clearly he was much in love. Many men are jilted at some stage of their lives, but do not go so far as to take revenge in this way.

5. The court has had the advantage of hearing evidence from Dr. Green, a distinguished psychiatrist. I accept that the appellant was suffering from clinical depression at the time, which might well have resulted in even more serious consequences. Undoubtedly he needs psychiatric help. He will clearly benefit more from this if it does not take place in prison. On the other hand, I do not wish to appear to give jilted lovers a licence to act in this fashion. Women are entitled to protection from this sort of behaviour.

6. Where it only the question of treatment that was involved, I would be very hesitant to interfere with this sentence, but Dr. Green has made it clear that the appellant's condition is much more serious than that of the ordinary jilted lover and that he was suffering from a psychosis known as the Othello Syndrome; he was seeking to destroy the person he loved.

7. There is, therefore, some reason to come down on the side of mercy in this case, though the appellant should understand that my decision is made only after the most anxious consideration. The sentence was a proper one but, in the circumstances, of which the magistrate was not fully aware, I feel it should be suspended for a period of three years. There will be conditions attached to the suspension; firstly that the appellant does not communicate, or attempt to communicate, with the complainant, and secondly that he does not publish, or cause to be published, any photographs of the complainant. The appeal is allowed accordingly.