Lam Yeuk-yuen v. The Queen

CACC000469/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 469 OF 1975

-----------------

Coram: Briggs, C.J.

Date of Judgment: 4th July, 1975.

-----------------

JUDGMENT

-----------------

1. The appellant pleaded guilty to the offence of indecent assault and was sentenced to two months' imprisonment. The appellant is aged 24, is a married man with a child and has a clear record.

2. Nowhere in the record of this case is there any mention made of the age of the victim but I was told at the hearing of the appeal that she was aged 23.

3. The indecent assault could be described as one of a relatively minor nature and it was reported at once by the victim to the police who set a trap and the appellant was caught.

4. I do not think that a sentence of two months' imprisonment for such an offence is a proper sentence. Taking everything into consideration I allow the appeal and set aside the sentence of imprisonment and substitute a sentence of $500 or 2 months' imprisonment in default. The appellant is to have seven days in which to pay.

5. It is unfortunate that there is no power to suspend for an offence committed under section 7 of the Protection of Women and Juveniles Ordinance because a suspended sentence of imprisonment would have been a very proper sentence here.

Representation:

Paul Fok (R. Tang & Co.) for appellant.

E. Soh for crown.