The Queen v. Chang Kwok Shu

IN THE COURT OF APPEAL

1987, No.42
(Criminal)

BETWEEN

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Coram: Hon. Cons, V.-P., Yang, V.-P. & Silke, J.A.

Date of hearing: 15th April, 1987.

Date of delivery of judgment: 15th April, 1987.

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J U D G M E N T

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Yang, V.-P.:

1. On the 1st August 1986 the Applicant met the victim after work and took her by car against her wish to a secluded spot at South Bay Close, which was a cul-de-sac. It was clear from the evidence that he was infatuated with this young lady and had on previous occasions gone out with her in his car.

2. On the evening in question he attempted to rape her. However the Applicant only threatened her and there was little violence used. The judge in imposing a sentence of two and a half years' imprisonment took that into consideration, and that the Applicant was not a sophisticated young man.

3. However the judge did not seem to have taken sufficient consideration of that part of the Probation Officer's report which dealt with his family background. The Applicant was at the time of the offence twenty-three years of age. He comes from a good family. His father and brothers and sisters are all very supportive. In our view all these factors should have been considered when the appropriate sentence was being assessed.

4. Having regard to the Applicant's family background and the fact that the offence was a one-off incident, we could take a lenient view. We are also happy to note that there is no long-term ill-effect on the victim.

5. We would therefore reduce the sentence from two and a half years to one and a half years. The application is treated as the hearing of the appeal proper and the appeal is allowed to the extent indicated.

M. Poll (Y.L. Yeung & Co.) for Applicant

A.A. Bruce for Crown/Respondent