Cheung Chi-hung v. The Queen
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CACC000950/1976
----------------- Coram: Pickering, J.A. Date of Judgment: 23rd September, 1976. ----------------- JUDGMENT ----------------- 1. This appeal lies against a sentence of 18 months imprisonment for assault occasioning actual bodily harm. 2. The appellant had a sexual relationship with a 19 year-old girl which largely ceased when he became a drug addict although during his detention in a drug addiction treatment centre the girl apparently visited him regularly and their intimate relationship was resumed when, some one month before his discharge, he was given 48 hours leave from the treatment centre. On the morning after his release he met the girl, took her to tea at a restaurant and then took her to his home. There he asked her whether she had been friendly with other men and when she denied this he became angry and slapped her face. The girl escaped into the corridor of the building but was caught by the appellant who dragged her back into the flat and punched her twice on the breasts. Apparently after that he took her into the bedroom and treated the affected area with medicated oils. He then stripped off her clothes and had intercourse with her an occurrence which she alleged was done by force and not with her consent. 3. That there was no consent may well be true since on that same evening she complained to her then current boy friend. Originally a charge of rape was lodged but upon advice was withdrawn. I have no doubt that the advice was good since, having regard to the previous relationship of the couple, a charge of rape was unlikely to have got off the ground. I am thus unconcerned with any question of rape but with assault occasioning actual bodily harm. The bodily harm consisted of four bruises on the girl's arms and two small areas of bruising one on her chest and one on her thigh. There was no wounding and the actual bodily harm cannot be said to be great. 4. Having regard to that fact and to the past association of the couple it appeared to me, and counsel for the Crown agreed, that a sentence of 18 months imprisonment was on the high side. Accordingly I allowed the appeal, set aside the sentence of 18 months imprisonment and substituted a sentence of 12 months imprisonment. Representation: Appellant in person. Caird, counsel for the Crown/respondent. |