Li Yuk Tim v. The Queen
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CACC000006/1981
----------------- Coram: Liu, J. in Court. Date of Judgment: 29th January, 1981 ----------------- JUDGMENT ----------------- 1. You were charged with having indecently assaulted a young girl of 15 in the period from the 6th October to the 17th November, 1980. 2. You came to be acquainted with the 15-year old girl in June, last year. For the period in question, she stayed with you in addresses specified in the agreed facts before the learned magistrate. You told the court this morning that the addresses were that of your parents' and your elder brother's. You also disclosed that prior to that period, the girl and yourself had intended to seek permission from her parents for marriage. On account of a conviction of yours in May, 1978 for robbery, objection was understandably raised. Disagreement thereupon ensued. As a result, I am told, she came over and stayed with you at those addresses. 3. Medical examination revealed that the young girl remained a virgin. There was no evidence whatsoever to suggest that there had been any carnal knowledge. You were charged with indecent assault on several occasions, and you pleaded guilty. Young ladies must be protected. However, there were no lack of mitigating factors, yourself 17, a party to the planned matrimony and sympathetic. In the circumstances, it might well be forgivable for you to show more affection than you should have. Furthermore, self-restraint was evident in the nature of your charge, i.e. confined to merely indecent assault. 4. Moreover, you have been in custody since your arrest on the 18th November, last year. I believe you were sent to the Training Centre on the 4th December, also last year. You pleaded guilty and displayed no devious conduct. You have persuaded me that you are indeed remorseful. I believe you have learnt your lesson, and justice may be done in these circumstances by allowing your appeal and putting you on a bond on you own recognizance in the sum of $500 for a period of 12 months. I sincerely hope that the leniency of the court, in these exceptional circumstances, will not be abused. I order: appeal against sentence allowed, sentence set aside and be substituted by a bond on the personal recognizance of the appellant in the sum of $500 for a period of 12 months.
Representation: Appellant in person. Mr. Mason-Parker, counsel for the Crown/Respondent. |