The Queen v. Chan Chuen

HCCC000122/1973

IN THE SUPREME COURT OF HONG KONG

(CRIMINAL JURISDICTION)

CASE NO. 122 OF 1973

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Coram: Geoffrey Briggs

Date of Judgment: 5th March 1974

Offence : Rape ( 強姦 )

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DECISION

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1. The accused has pleaded guilty to eight counts of rape. This is a most serious case. The offences occurred between 11th April, 1972 and the 25th September, 1973. Three of the cases occurred between the 11th April and the 26th June, 1972; the other five cases between the 28th February and the 25th September, 1973. The girls in question were aged between 8 and 13 years.

2. The modus operandi was similar in each case. The accused approached the victim from the back, seized her round the neck and raped her. On at least one occasion, according to the victim, he employed a knife in order to frighten her to comply with his wishes. In several cases the victim had to spend some days in hospital and in nearly every case the medical report shows that there was severe bruising to the neck as well as injuries to the private parts. And in three of the cases there was medical evidence that the accused had used considerable force when the girl was seized by the neck. Several of the victims complained that they were so frightened by the accused that they became dizzy or fainted when he assaulted them.

3. A report from a psychiatrist shows that the accused is a man of but little intelligence. However, it is clear from the evidence and from the probation officer's report that he knows the nature and quality of his acts and the difference between right and wrong and a plea of guilty and a plea of not guilty. It is true that the accused has pleaded guilty to these charges. It is also true that this means that these girls would not have the embarrassment of having to give evidence in public a second time. However, it would appear that the principles laid down in Fong Lung Fai v. The Queen⁽¹⁾ apply in this case. These offences are very serious in themselves. It is necessary to protect society from the accused. It is obvious, although the accused is not suffering from any mental disorder, he is a man who needs to be protected from himself and one from whom society is entitled to be protected.

4. I think the correct sentence, therefore, is an indeterminate sentence and I order that CHAN Chuen be imprisoned for life on each of the counts to which he has pleaded guilty.

Representation:

(1) (1968) H.K.L.R. 249.