Lam Man-kwong v. The Queen
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CACC000948/1975 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 984 OF 1975 -----------------
Coram: Briggs, C.J., Huggins & Pickering, JJ. Date of Judgment: 28th November, 1975. ----------------- JUDGMENT ----------------- 1. The appellant pleaded guilty to a single offence of defilement of a girl under 13 and was sentenced to eighteen months' imprisonment. He appeals against that sentence. 2. At the hearing of the appeal, the appellant contented himself with asking the court to suspend the sentence passed upon him. A suspended sentence for this offence is not possible in law. 3. The facts of the case are simple. The girl who, at the time of the trial, was 11½ years old, ran away from her family, with whom she had had a dispute. She approached the appellant in the street and asked him for some money so that she could get something to eat. The appellant treated her to a meal and took her to his home. After some eight days and at the instance of the girl, sexual intercourse took place as it did on a number of occasions during the next two months while they were living together. 4. Although this court did not see the girl herself, she is stated to be very grown up for her age and more mature than is usual at that age. Included in the record is a report made by an Assistant Social Welfare Officer. This report states that she seems to have no sense of right or wrong and showed no regret for the incident. At present she has returned to her family and her adjustment at home is stated to be good. she told the appellant that she was 11½ years old. 5. The appellant is aged 26, is a single man and may be described as a good workman and one who assists his family. He has no previous convictions and the probation officer made a very good report on him and even suggested that the court might well put him on probation. 6. Taking all this into consideration, we think that the sentence of eighteen months is too severe and we accordingly substitute for that sentence a sentence of six months' imprisonment.
Representation: Appellant in person. Dick for crown. |