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HCCC35/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 35 OF 2011
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Before:
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The Honourable Mrs Justice V Bokhary
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Date:
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2 June 2011 at 4.37 pm
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Present:
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Mr Jonathan Acton-Bond, counsel-on-fiat, instructed by the Department of Justice, for HKSAR
Mr Jeffrey Fenton, instructed by Messrs Hoosenally & Neo (assigned by DLA), for the Accused
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Rashid Mahmood, I have taken into account everything urged on your behalf.
There is no particular mitigation available to you. It is a matter of passing a sentence appropriate to the circumstances of the offence.
You stand convicted of attempted rape rather than the full offence of rape. That is not because you had a change of heart and stopped before committing the full offence. It is because you were interrupted by the arrival of the victim’s friend.
Nevertheless, the courts do have regard to what actually did or did not happen to the victim, so I will sentence you less severely than I would have sentenced you if you had committed the full offence of rape.
All things considered, I think the appropriate sentence for the attempted rape on which you have been convicted is 4½ years.
I sentence you to 4½ years’ imprisonment.
Please refer to CAAR4/2011 for the relevant appeal(s) to the Court of Appeal. |