HKSAR v. Cheung Ngai Kan and Others

DCCC841/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 841 OF 2010

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Reasons for Sentence

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1.You pleaded guilty to one count of aiding, abetting of indecent assault on another person.

2.The facts revealed that at zero hours on 9 May last year, you, together with the 2nd and 3rd defendants of this case, met the victim, a 15-year-old girl, at Tai Kok Tsui.  The three of you then took the girl to a public toilet in Mongkok against her will and forced her to have oral sex with the 2nd defendant of this case. 

3.You were at the age of 20 at the time you committed this offence, the court therefore asked for various reports before sentencing.  Yet, because of your background and your drugs problem, you were found not suitable for probation, Rehabilitation Centre or Detention Centre, and because you have already reached the age of 21, you are also not suitable for Training Centre and therefore leaving this court not much option in sentencing you in this case.

4.In the light of the seriousness of the offence and the facts, the only option is one of immediate custodial sentence, and the only mitigating factor is your plea of guilty.

5.This court will take 12 months as the starting point.  Because of your plea, I reduce it to 8 months.