HKSAR v. Johnson Benjamin

Read the full judgment text of HCCC 456/2015 on BabelCite. This High Court CFI judgment was delivered on 28 October 2016.

Cited by 1 case

Case No.HCCC 456/2015
Court
High Court CFI
Date28 Oct 2016
Judge
Case Document
100%Judiciary

HCCC 456/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 456 OF 2015

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  HKSAR  
  v  
  JOHNSON BENJAMIN  

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Before: DHCJ Lugar-Mawson
Date: 28 October 2016 at 3.08 pm
Present: Mr John Marray, on fiat, for HKSAR
Ms Charlotte Draycott, SC, instructed by Krishnan & Tsang, assigned by DLA, for the accused
Offence: (1) Assault occasioning actual bodily harm (襲擊他人致造成身體傷害)
(2) Rape (強姦)
(3) Indecent assault on another person (猥褻侵犯另一人)

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Benjamin Johnson, the jury found you guilty of raping X, assaulting her causing actual bodily harm and indecently assaulting her in your home on 18 June of last year.

I can say that, having heard the evidence over the 12 days of trial, it was the most brutal rape, one in which you severely beat the woman concerned and forced her against her will to commit acts of oral sex on you.

There is nothing to be said in your mitigation. I feel great sympathy for your wife and your child, but the hurt to them is something that you yourself have caused.

You must go to prison for these offences for a long period of time.

For the offence of rape, the 2nd count on the indictment, you will go to prison for 10 years. For the 1st count in the indictment, that of assault occasioning actual bodily harm, you will go to prison for 3 years, which is the maximum period provided for by law, and for the indecent assault, you will go to prison for 3 years.

As all these offences arise out of one course of criminal conduct, you will serve all these sentences concurrently, at the same time. This means that your total period of imprisonment is one of 10 years.