Read the full judgment text of CAAR 000003/1997 on BabelCite. This Court of Appeal judgment was delivered on 9 April 1997 before Power, Ag. C.J., Liu and Ching, JJ.A..
Criminal law – sentencing – indecent assault – unlawful wounding – review of sentence – manifest inadequacy – deterrent element – sentences on multiple offences to be consecutive rather than concurrent – application of The Attorney General v. Wong Kwok-wai discount for time served and review strain. The respondent, knowing the victims were school girls in uniform, indecently assaulted two girls aged 17 and 18 near the Mongkok MTR station, inserting his hand under their skirts. When the first victim confronted him, he dragged her up a staircase and rained punches on her face and body, causing six injuries requiring one week of hospitalisation. He was convicted of two offences of indecent assault contrary to s.122 of the Crimes Ordinance and one offence of unlawful wounding contrary to s.19 of the Offences Against the Person Ordinance, but acquitted of s.17 wounding with intent. The trial judge imposed two weeks' imprisonment concurrent on each indecent assault and three months' imprisonment concurrent on the wounding charge, characterising the indecent assaults as 'a drunken frolic'. Whether the sentences were manifestly inadequate – yes; describing the conduct as a drunken frolic was inappropriate and the wounding constituted a sustained bashing rather than a single blow in escape. Whether the proper starting point for the wounding was 18 months with a reduction to 12 for preparedness to plead – yes, given the sustained and unprovoked nature of the attack. Whether further discount should be applied under The Attorney General v. Wong Kwok-wai for time already served and the strain of the review – yes, reducing the aggregate from 18 months to 12 months. The Court of Appeal allowed the Attorney General's application, quashed the original sentences, and resentenced the respondent to 8 months on the wounding charge and 2 months on each indecent assault charge, all consecutive, giving an aggregate of 12 months' imprisonment.
Legal issues: Adequacy of sentence for indecent assaults and unlawful wounding · Appropriate starting point and reduction for preparedness to plead · Application of discount for time already served and review strain
Outcome: Application for review of sentence allowed; original sentences quashed; respondent resentenced to an aggregate of 12 months' imprisonment.
Cited by 2 cases