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HCCC332/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 332 OF 2010
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Date:
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1 June 2011 at 4.15 pm
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Present:
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Mr David Chan, ADPP of the Department of Justice, for HKSAR
Mr Antony Michael Delaney, instructed by Francis Kong & Co, for the Accused
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant has been found guilty after trial of one count of rape.
The facts of the case were simple. Seizing the opportunity of a short absence from the flat by the wife, the defendant held his part-time home help down and forced himself on her without a condom. As a result, the victim suffered three superficial injuries to her private parts.
The defendant is aged 35. He was born and educated up to lower secondary level in Pakistan. He came to Hong Kong in 1996 and is now a Hong Kong permanent resident. He married in 2002 and has two daughters and one son. He is a plumber by trade. He has no previous criminal conviction.
Although the victim was only working part-time and illegally, for that matter, this is still a breach of trust case.
Given all the relevant circumstances, a starting point of 6 years is, in my judgment, appropriate.
There being no mitigating factor, that is the sentence I will pass on the defendant.
You will go to prison for 6 years, do you understand?
ACCUSED: Yes.
Please refer to CACC239/2011 for the relevant appeal(s) to the Court of Appeal. |