Read the full judgment text of DCCC 398/2021 on BabelCite. This District Court judgment was delivered on 23 June 2022 before 陳廣池.
Criminal law – sentencing – indecent assault under s.122 Crimes Ordinance – unlawful sexual intercourse with girl under 16 – sexual offending by secondary school teacher against 15-year-old student – breach of trust – grooming – no contraception used – victim developed PTSD and depression – application of totality principle – Criminal law – indecent assault – unlawful sexual intercourse with girl under 16 – sentencing starting points for indecent assault (9 months and 12 months) and unlawful sexual intercourse with girl under 16 (3 years 6 months), with no discount for conviction after trial – whether sentences for precursor indecent assaults should be consecutive to the intercourse sentences to reflect totality and avoid windfall from multiple offending – application of sentencing factors from HKSAR v Tsang Chiu-tak [2013] 1 HKLRD 427 and HKSAR v Chan Kwong-pui [2003] 4 HKC 208, including age gap, abuse of position of trust, breach of trust, no use of contraception, duration of offending, and lasting psychological trauma to the victim – aggravating factors including the 20-year age gap, abuse of teacher role, breach of trust, manipulation lasting beyond 2019, refusal to use contraception despite X's repeated requests, ongoing manipulation, absence of remorse, and attempted interference with X's police video statement – defendant sentenced to 3 years 9 months imprisonment (9 months on Count 1, 12 months on Count 2 concurrent, 3 years 6 months on Counts 3-7 concurrent, with 3 months of Counts 1-2 consecutive to Counts 3-7).
Legal issues: Sentencing starting points for indecent assault and unlawful sexual intercourse with girl under 16 · Application of the totality principle to overall sentence
Outcome: Defendant convicted after trial on all seven counts and sentenced to a total of 3 years 9 months imprisonment.
Cited by 2 cases