Read the full judgment text of CAAR 000008/1998 on BabelCite. This Court of Appeal judgment was delivered on 25 August 1998 before Power, V.-P., Leong and Stuart-Moore, JJ.A..
Criminal law – indecent assault on child – sentencing review by Attorney General – s.81A Criminal Procedure Ordinance – whether community service order manifestly inadequate – extension of time for filing substantive application – distinction between leave and application – Attorney General v. Tse Ka-wah – Attorney General's Reference No. 4 of 1989 – eight-year-old victim – oral sex and ejaculation into mouth – breach of trust by family member caring for victim – guilty plea – psychological and psychiatric reports showing no paedophilic tendency – trial judge gave full and careful consideration to mitigation – nonetheless custodial sentence required – community service order quashed – six months imprisonment on Charge 2 and three months on Charge 1, concurrent.
Legal issues: Validity of extension of time for filing review application under s.81A Criminal Procedure Ordinance · Whether 240-hour community service order was manifestly inadequate for indecent assault on a child
Outcome: Application for review of sentence allowed; community service order quashed and replaced with custodial sentences on both charges, to run concurrently.
Cited by 7 cases