Man Kwok-wo v. The Queen

CACC001166/1978

Coram: Briggs, C.J., Huggins & Pickering, JJ.A.

Date of Judgment: 6 February 1979

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JUDGMENT

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1. The appellant pleaded guilty to two charges of having carnal knowledge of a girl under the age of 13 years. He was sentenced to six years' imprisonment on each charge, the sentences to be served concurrently.

2. The facts are simple. The appellant lived in a hut at a transit centre in Lok Man Road, Chai Wan. The victim was in the habit of going to his hut to watch television and to listen to music. At the time of the offences, she was aged 12 years and nine months. No force was used and she appears to have been a willing victim. She did not complain to her parents and the offences only came to light when she showed obvious signs of pregnancy. The victim was delivered of a girl on the 23rd August, 1978.

3. Counsel, who appeared for the appellant, drew the attention of the court to five cases of a similar nature which have been before the courts since 1974. In no case was a sentence as great as that imposed in this case passed. The highest sentence was one of four years' imprisonment but it is also noticeable that in one case a probation order was made.

4. The appellant is now aged 31 and has a clear record. He has expressed contrition for the offences and, as I have said, he pleaded guilty to the offences. We think that the sentence of six years' imprisonment is excessive and we will allow the appeal against sentence to the extent of reducing the sentence to one of two and a half years' imprisonment.

Representation:

P. Yu & P. Nguyan (DLA) for Appellant

Stanbury for Crown/Respondent