HKSAR v. Wong Tsun Ki

DCCC 509/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 509 OF 2015

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Reasons for Sentence

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1.The defendant has pleaded guilty to one count of unlawful sexual intercourse with a girl under the age of 13, contrary to section 123 of the Crimes Ordinance, Cap 200.

2.The date of the offence is 2 May 2015 when the victim was just over 12½ years old.

3.According to the facts, the defendant told the police that he and the victim were actually dating and had been for about three months.  On 2 May the defendant and the victim were caught at home by the victim’s father who had returned early.   They had just prior to him returning had consensual sexual intercourse and the defendant had not used a condom.

4.The defendant admitted this to the police and admitted that he knew the victim was not 13 until September.  

5.The defendant’s plea of guilty is his best mitigation.  He has saved the victim the ordeal of giving evidence.  

6.Despite only being 20 years old, the defendant does not have a clear record.  He has a number of previous convictions starting from when he was aged 14; they are mainly offences involving violence.

7.The defendant has served in the past a probation order, a rehabilitation centre order, a community service order and most recently, he was sent to training centre.  The defendant on 29th May this year was sent by Tuen Mun Magistracy to training centre. 

8.On the last occasion when the defendant pleaded guilty, I adjourned sentence to today to obtain a training centre report.  The report is very detailed.

9.The defendant was mainly brought up by his mother, and she clearly was very indulgent of the defendant from a young age. From a young age, the defendant was diagnosed with attention deficit hyperactivity disorder and has been receiving treatment throughout his school years.  It is clear that his mother is not in great health; she has heart issues and suffers from depression. 

10.I have also had sight of a letter from a social worker, Miss Leung, who has known the defendant for some time.  She writes a letter of mitigation on his behalf. 

11.The defendant has committed a serious offence. I know he considered himself in a relationship with the victim.  However, the victim was very young and the law protects vulnerable girls who are unable to look after themselves, make wise decisions and avoid sexual exploitation. 

12.The detention centre report also notes that the defendant has since he was sent to training centre behaved properly and complied with all the rules and regulations.  The ultimate recommendation is the defendant is still suitable for detention in a training centre.  

13.In view of this report and the mitigation I have heard as well as the facts of the case, I am of the view that the most appropriate punishment for the defendant would be a training centre order.  I order the defendant serve a training centre order for this charge and it will run concurrently to the training centre order of Tuen Mun 1329/2015. 

14.Defendant, please stand up.  Do you understand the order?

DEFENDANT: Yes, I understand.