CRIMINAL CASE NO. 296 OF 2010
COURT: The defendant had pleaded guilty to several charges involving indecent conduct with a child under 16, attempted homosexual buggery with a man under 21, and homosexual buggery with a man under 21. The victim was the same for all these offences.
The defendant admitted the facts of the case which had described how he had come to know, through the internet, the victim, and the victim was a boy of 14. They started to meet, and later engaged in the sexual activities as stated in the charges.
The victim appeared to be a willing partner, and they were emotionally involved with each other.
I have obtained several reports to assess the defendant’s background and his situation. The probation officer pointed out that the defendant would be in need of training to rebuild his character. He should also reform his indulgent behaviour and to sever the undesirable connections. However, the probation officer does not recommend supervision.
As to the training centre report, the officer stated that in order to help the defendant to develop insight into his problems and strengthen his law-abiding mindset, a period of comprehensive disciplinary training, coupled with statutory supervision, would be beneficial to him.
Having considered the defendant’s background, and taking into consideration the nature and severity of the offences, I would tend to agree with the analysis and recommendation of the training centre report.
As I have pointed out during mitigation, the court is not trying to punish the defendant for his sexual orientation. That is a personal matter for him. But the problem is that the defendant chose to have such a relationship with an under‑aged boy, and that is unacceptable in our community.
These sort of offences will usually attract a term of imprisonment. However, I note that the defendant himself is relatively young - he is only 17 - and he has a clear criminal record before, and I noted also that the defendant has not used any force or money or otherwise to lure the boy into the sexual acts.
However, the other concern is that, according to the psychologist’s assessment, the defendant’s risk of sexual reoffending is said to be present, although not high.
I accept that the defendant is not a very bad person, and I have a lot of sympathy for him in view of his family situation. I am sure it is not easy to grow up without the direct care and love of his mother.
It appears to me that the defendant now stands at a crossroads in terms of future direction. Whether he can lead a better and more fruitful life will depend on his determination now.
I strongly believe a period of training in a confined disciplinary environment will be beneficial to the defendant and it will afford him a period of deeper reflection. There are a lot of programs organised by the Correctional Services from which you can choose. Those will prepare you for a more fruitful life.
I am sure the defendant’s grandmother will be supportive of this option, and if necessary, welfare assistance can be rendered to her. I am sure also that your grandmother does not give up on you, and you should not give up on yourself.
Hence, for all these offences, I will impose an order of training centre, and there should be psychological counselling arranged for the defendant, more specifically in relation to his apparent interest in the younger boy as a sexual partner.