Read the full judgment text of CACC 000076/1993 on BabelCite. This Court of Appeal judgment was delivered on 6 July 1993 before Macdougall JA, Litton JA, Bokhary JA.
Criminal law – unlawful sexual intercourse with mental patient – s.65(2)(c) Mental Health Ordinance Cap 136 – appeal against sentence – deterrent sentence for first offender – A.G. v. Lau Chu-tak [1985] HKLR 23 at 27 applied – starting point of three years too high – clang of the prison gate principle – applicant aged 59, first offender, orderly at Castle Peak Hospital, willing victim, no seduction, lost job and suffered shame – application for leave to appeal allowed – appeal allowed – sentence set aside – immediate discharge after serving nearly six months
Legal issues: Appeal against sentence – deterrent sentence for first offender · Appeal against sentence – starting point
Outcome: Application for leave to appeal allowed; appeal against sentence allowed; sentence set aside and replaced with one enabling immediate discharge.