Tse Chi-fai and Another v. The Queen
Read the full judgment text of CACC 456/1976 on BabelCite. This Court of Appeal judgment.
1. The two appellants appealed against their conviction and sentence. The first appellant was found guilty of two counts of rape, two counts of unlawful detention of a female for the purposes of prostitution, two counts of trafficking in a female, two charges of theft and one charge of assault. He was sentenced to various terms of imprisonment totalling in all eleven years. The second appellant was found guilty on one charge of rape, two charges of unlawful detention of a female for the purposes
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CACC000456/1976
Coram: Briggs, C.J., McMullin and Leonard, JJ. Date of Judgment: 29th September, 1976. ----------------- JUDGMENT ----------------- 1. The two appellants appealed against their conviction and sentence. The first appellant was found guilty of two counts of rape, two counts of unlawful detention of a female for the purposes of prostitution, two counts of trafficking in a female, two charges of theft and one charge of assault. He was sentenced to various terms of imprisonment totalling in all eleven years. The second appellant was found guilty on one charge of rape, two charges of unlawful detention of a female for the purposes of prostitution and one charge of assault. He was also sentenced to various terms of imprisonment totalling seven years. The first appellant is aged 18 and the second appellant is aged 17. 2. The offences all concern one girl, HO Pui-chi. Four persons, including the two appellants, ganged up together in order to force Miss Ho into prostitution, the proceeds of which they hoped to reap. The first appellant committed the rapes. The second appellant aided and abetted the first of these rapes. The girl was 14 ½ years old. 3. Counsel, who appeared for the appellants, informed the court that he could not find grounds on which to appeal against the conviction of these two men. 4. The court dismissed the application for leave to appeal against conviction. 5. As I have said, the first appellant is aged 18 and has two previous convictions for unrelated offences. The second appellant has a clear record. 6. Various matters were urged on behalf of the appellants by their counsel. As these cases go there was less violence used than is usual. Further, Miss Ho, to a certain limited extent, by her conduct, was the authoress of her own misfortune. Miss Ho went up a hillside accompanied by the four men, including the two appellants, and at that time she knew that some illegality was afoot although she said she did not suspect what they were going to do to her. 7. Taking all this into consideration, we think that the overall sentences passed on the two appellants were too high. 8. Treating the application for leave to appeal as the appeal itself, we think that justice would best be served if we reduced the overall sentence of the first appellant from eleven years to seven years and the overall sentence of the second appellant from seven years to five years. This will best be achieved if we order all the sentences passed on the first appellant to run concurrently and if the sentence of seven years on the first charge for the second appellant is reduced from seven years to five years, that sentence to run concurrently with the other sentences passed on him at the trial and we order accordingly.
Representation: R. Mayne (Helen A. Lo & Co.) for both appellants. Stoppa for crown. |