Read the full judgment text of CACC 000707/1997 on BabelCite. This Court of Appeal judgment was delivered on 31 March 1998 before Power, V.-P. and Stuart-Moore, J.A..
Criminal law – indecent assault on a 12-year-old male – sentencing – starting point – guilty plea discount – whether trial judge erred in equating indecent assault with non-consensual buggery – whether starting point of five years excessive – whether adequate one-third discount for guilty plea – whether mitigation fully considered – oral sex in a public toilet – ejaculation into victim's mouth – isolated incident – no physical injury – applicant first offender – well-educated – no prior convictions – psychiatric report negative for paedophilia – R v Summers (1990) HKLR 756 distinguished – starting point of four years substituted – full one-third credit for guilty plea warranted – sentence reduced from three and a half years to two and a half years' imprisonment – appeal allowed to that extent
Legal issues: Whether trial judge erred in adopting five-year starting point by equating indecent assault with non-consensual buggery · Whether trial judge failed to give adequate one-third discount for guilty plea · Whether trial judge failed to adequately take into account matters in mitigation
Outcome: Leave to appeal against sentence granted; appeal allowed to the extent that the sentence was reduced from three and a half years to two and a half years' imprisonment.
Cited by 3 cases