The Queen v. Ng Kwok Yau

CACC000037/1995

IN THE COURT OF APPEAL

1995, No. 37
(Criminal)

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Coram: Power, Ag. C..J and Bokhary, J.A. in Court

Date of Hearing: 8 September 1995

Date of Judgment: 8 September 1995

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J U D G M E N T

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Bokhary, J.A.:

1. On December 3 last year, before Mr Justice Leong, this applicant aged 30, pleaded guilty to one count of indecent assault upon a male person and to four counts of indecent assault on a boy under the age of 16.

2. The judge sent for psychiatric reports. The reports were to the effect that the applicant was not suffering from any psychological or psychiatric abnormality, nor was he suffering from any mental or personality disorder.

3. Passing sentence on December 19 last year, the judge sent the applicant to prison for six years in all for the five offences to which he pleaded guilty.

4. The offences were serious. The victims, one of them very young, were waylaid and subjected to indecent assaults which called for severe punishment.

5. There was, apart from violence, threats before and after the indecent assaults. The threats before the assaults were designed to overcome resistance, while the threats afterwards were designed to prevent reports being made.

6. We have now to consider this man's application for leave to appeal against sentence.

7. A number of cases were drawn to the sentencing judge's attention. There can be no doubt that the circumstances vary considerably from case to case. At the end of the day, the view we take is this: the total sentence imposed by the judge was on the high side but still within the range appropriate to this kind of behaviour in circumstances such as these and on a scale such as this. That being so, we are unable to interfere; and in the result the application for leave to appeal sentence is dismissed.

Representation:

Mr Cheung Wai-sun, SACP (of Attorney General's Chambers) for the Crown

Ng Kwok-yau, Applicant in person