Mak Shu-kei v. The Queen

Read the full judgment text of CACC 158/1975 on BabelCite. This Court of Appeal judgment.

1. The appellant pleaded guilty to six charges of unlawful carnal knowledge of a girl under the age of 13 years and was sentenced to four years imprisonment on each count, the sentences to run concurrently. He appealed against his sentence.

Case No.CACC 158/1975
Court
Court of Appeal
Date
Judge
Case Document
100%Judiciary

CACC000158/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 158 OF 1975

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BETWEEN    
  MAK Shu-kei Appellant
  and  
  THE QUEEN Respondent

Coram: Briggs, C.J., Huggins & McMullin, JJ.

Date of Judgment: 1st May, 1975.

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JUDGMENT

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1. The appellant pleaded guilty to six charges of unlawful carnal knowledge of a girl under the age of 13 years and was sentenced to four years imprisonment on each count, the sentences to run concurrently. He appealed against his sentence.

2. The appellant is a man of 38 and was a lodger in the house of the girl's parents. The girl's parents allowed her to sleep in a cubicle in which the bed of the appellant was also placed. The offences took place over a period of six months and as a result of the conduct of the appellant the girl has produced a child. There was evidence that the girl had been debauched by a man previous to the offences committed by the appellant. It was also obvious that she made no complaint of the conduct of the appellant during the six months in question.

3. In the circumstances, we think that the sentence of four years was too great and we substitute therefor a sentence of three years' imprisonment on each count, the sentences to be concurrent.

  (Geoffrey Briggs)
  President.

Representation: