Lam Hing Wah v. The Queen

CACC000688/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 688 OF 1975

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Coram: Briggs, C.J. and McMullin, JJ.

Date of Judgment: 26th September, 1975.

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JUDGMENT

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1. The appellant pleaded guilty to the offence of rape and was sentenced to seven years' imprisonment. He was charged with two other persons but the Crown withdrew the charges against them.

2. The facts are that the appellant, who was acquainted with a certain girl, went out with her and met the other two persons who were charged with him and at least one other person. The group of persons went to a room at Whampao House in Baker Street, Kowloon and there the girl was raped by each of the men including the appellant.

3. The appellant is aged 19 and has a clear record. A few days after the event he voluntarily gave himself up to the police and he pleaded guilty on the first day of the trial. Mr. Tang, who appeared for the appellant, suggested that the Commissioner was wrong when he indicated that the appellant was the prime-mover in this crime. It is true that the appellant was the person who arranged for the girl to go out with him and that he, with her, arranged to meet the other persons who participated in the rape, but we do not think that the facts show that the appellant was, in a true sense, the ringleader in this unfortunate affair.

4. We think that justice would best be done if we allow the appeal to the extent that a sentence of five years' imprisonment be substituted for the sentence of seven years' imprisonment passed by the Commissioner.

Representation:

Robert Tang (Woo, Kwan, Lee & Lo) for appellant.

Harte, c.c. for respondent.