HKSAR v. Y.S.T.
Read the full judgment text of DCCC 1014/2018 on BabelCite. This District Court judgment.
1. The Defendant pleads guilty to 3 counts of indecent assault as follows:
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DCCC 1014/2018 [2019] HKDC 258 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 1014 OF 2018 -----------------------------------
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---------------------------- Reasons for Sentence ---------------------------- Charges 1.The Defendant pleads guilty to 3 counts of indecent assault as follows:
Facts 2.At all material times, the Defendant was the elder brother of girl X They lived together with their family in a public housing apartment (the "Flat") in Tin Shui Wai, New Territories, in Hong Kong. 3.Charge 1 relates to a day in summer 2016, at around 1 to 2 pm when X was sitting on the sofa in the Flat's living room watching TV. The Defendant then left his bedroom and sat on X's right hand side. The Defendant started using his hand to touch X's breast through her clothes. X tried to resist and told the Defendant to stop. At first the Defendant did not stop and continued touching her breast. However, after X had requested the Defendant to stop again a few moments later, the Defendant stopped and returned to his bedroom. X felt frightened and wrong about the Defendant's action. X was 15 years old when this incident happened. 4.Charge 2 relates to one night in December 2016 when X and the Defendant were inside the Defendant's bedroom in the Flat. The Defendant requested X to take off her clothes, as he said he wanted to hug her without any clothes. Originally X refused but eventually she acceded to his request as she dared not resist him. Both of them became naked. 5.The Defendant started hugging X, and then touched her breasts and genitals with both hands for 15 minutes. 6.The Defendant then rubbed his penis against X's genitals back and forth for about 5 minutes. X cried because she felt uncomfortable and then the Defendant stopped. X was 15 years old when this incident happened. 7.Charge 3 relates to a night about a week before 21 December 2017 when X and the Defendant were inside the Defendant's bedroom. The Defendant touched X's breasts underneath her clothes using both hands. X felt uncomfortable for the Defendant's actions. X was 16 years old when this incident happened. X had never given any consent to the Defendant touching her indecently. 8.Under caution, the Defendant stated that he did molest X because of his curiosity. He did use his hands to touch X's breasts and private parts, and did rub his penis against her private parts. He could feel that X felt unwilling for him to molest her. Mitigation 9.The Defendant is now 23 years of age, of F. 6 education level. He has a clear record. His sister is 5 years younger than he. He was a low achiever at school. He made a modest living by driving a mini-van before arrest. After the incidents were disclosed by X, he was arranged to live in his uncle’s flat with no contact of X. He has been most remorseful to his family and X. He has been receiving psychological treatment on a monthly basis since December 2017. Presently his suicidal ideation has not recurred. His condition so far is stable. It is unknown when he can be arranged to see X again, let alone return to live with his family. He is worried more about his separation from his family and X than his sentence. 10.I have ordered a clinical psychologist’s report on him. The report reveals that ever since the birth of X, his affection for her had been far beyond that of a sibling. He had not been in courtship for several years. The present offences were the result of such wayward affection, abuse of authoritative role, and emotional stress, being translated into a sexual context. There was no sexual context at the outset. He is an adult by age but his mentality is still very immature. His reoffending tendency is considered low. He is assessed to have no major sexual deviancy. Psychological intervention is considered conducive to his reflection and rehabilitation. 11.The victim impact report on X suggests that X has been coping reasonably well when focusing on present life and studies. However, a reference to the incidents, such as the psychological inquiry for this report, or else when this case is being brought up in court for hearing, can cast her back into a depressed mood and anxiety. Sudden thoughts of the incidents can often make her sleepless. She considers that her disclosure of the offences has damaged the family relationship beyond repair. She queries whether family members can be trusted. She is still afraid to see the Defendant. Brief psychological therapy had been performed on her in the course of the preparation of this report. At her request, it had been stopped after some sessions. The results were satisfactory, though. She was given to understand that such therapy would be available whenever required by her. Sentencing this Defendant 12.These were very serious indecent assaults. The victim was only aged 15 and then 16. I regard an elder brother being in a position of trust. It is a breach of trust to take advantage of one’s younger sister. However, I have to bear in mind that he is only 5 years older and of an immature mentality. He has been responding reasonably well to psychological treatment. I take a starting point of 2 years for each charge. After a one-third discount for the plea of guilty, the sentence is 16 months. The sentences shall be concurrent. The total sentence is 16 months.
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