Read the full judgment text of CACC 356/2017 on BabelCite. This Court of Appeal judgment was delivered on 12 October 2018 before Yeung VP and Macrae VP.
Criminal law – indecent assault – three counts under s.122(1) of the Crimes Ordinance, Cap 200 – sentencing appeal – appellant aged 22, three female student victims aged 22 at Hong Kong Polytechnic University Student Hall of Residence – offences over 8 days in October 2015, escalating from belly molestation to digital penetration of vagina – guilty plea at first opportunity – whether "breach of trust" properly applied as aggravating factor – held: no, the label was used too liberally, and the appellant held no position of trust, authority, or care over the victims and had no privileged access denied to other students – whether location of the offences (Student Hall) properly treated as aggravating factor comparable to the victim's home or school – held: not directly comparable to sexual offences against minors by adult strangers (Leung Yuet Hung; Mahal Harpeet Singh), although the setting was a matter to bear in mind in assessing seriousness – whether starting points and overall sentence manifestly excessive – held: yes, the sentencing judge over-emphasised the misapplied "breach of trust" and the location, adopting inflated aggravated starting points (21, 15 and 36 months; overall 42 months) – appropriate after-trial overall starting point around 27 months – full one-third discount for guilty plea at first opportunity – appeal allowed – overall sentence reduced from 28 to 18 months' imprisonment – individual after-plea sentences: Charge 1 (4 months, 2 consecutive to Charge 3), Charge 2 (2 months, concurrent with Charge 3), Charge 3 (16 months).
Legal issues: Whether "breach of trust" was properly applied as an aggravating factor · Whether the location of the offences (Student Hall) was properly treated as an aggravating factor · Whether the starting points and overall sentence were manifestly excessive
Outcome: Appeal against sentence allowed; overall sentence reduced from 28 months to 18 months' imprisonment.
Cited by 21 cases · Cites 14 cases