CRIMINAL CASE NO. 206 OF 2011
COURT: Ho Yin-ting, you have been found guilty after trial of one count of indecent assault, Count 1; and one count of rape, Count 2.
These assaults took place in the early morning at the end of an overnight party that you hosted. The evidence, however, is that you had your eye on the victim since the preceding midnight. On two - a witness said three - occasions you had pestered her with unwelcome body contact leading her to complain to others. Despite her clear rejection you eventually preyed on her intoxicated state leading to the two offences of which you are now convicted.
The indecent assault, Count 1, I should add was committed in the presence of your co-defendant who at your instigation also took his liberty and is now convicted, which really shows the degree of your lack of respect for the victim whom you had met before twice.
On your part this assault consisted of the fondling of the victim’s chest and the digital penetration of her private parts. It involved the pulling up of all her upper garments and the unbuttoning and unzipping of her jeans.
As regards Count 2, perpetrated after your co-defendant’s departure from your room on your instruction, it was a rape occasioned by other indecent acts. Even on your account there was the stroking of your private parts using the victim’s hand and on the victim’s account there was the addition of the penetration of your finger or fingers into hers. The only saving grace is that it was protected sex and you did not use any violence.
Ho Yin-ting, you are aged 25, single and educated up to Form 5 level in the UK. You are a clerk and have no previous convictions. Despite your lack of personal achievements you obviously live in some comfort with your parents.
Taking everything that counsel has said on your behalf into account, I will sentence you to 5 years’ imprisonment for Count 2, the rape charge.
For Count 1 the sentence will be one of 18 months. Given the involvement of another person who partook in the assault at your instigation, however, six months of that sentence will have to run consecutively to the sentence in Count 2.
In other words you will have to go to prison for a total of 5½ years.
Please refer to CACC56/2012 for the relevant appeal(s) to the Court of Appeal.