HKSAR v. Tong Kam Tin

HCMA 738/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 738 OF 2012

(ON APPEAL FROM TMCC 3541 OF 2012)

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J U D G M E N T

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1.The Appellant, a man of previous good character who was aged 29 at the time of the offence, pleaded guilty to a charge of unlawful sexual intercourse with a girl under the age of 16, she being 14 years old at the time. He was sentenced by the Magistrate to 6 months’ imprisonment, that sentence being arrived at after a one-third discount for the guilty plea.

2.One perfected ground of appeal against sentence has been filed.  It reads:

“The Appellant’s offence and personal circumstances is suitable for calling Probation and Community Service Reports. The Learned Magistrate erred in not calling for the said reports with all sentencing options open. The Appellant was sentenced immediately to 6 months imprisonment and thus manifestly excessive.”

3.The reasons why the Magistrate declined to send for probation and community service suitability reports and why he sentenced the Appellant as he did are succinctly set out in his Reasons for Sentence.  He noted everything that could be urged on the Appellant’s behalf.  He also noted that the Appellant knew that the girl was only 14.

4.The aggravating factor in this case is that the girl was only half the Appellant’s age, and he knew that.  Young girls have to be protected from older men, and such protection includes sentences of at least some severity.

5.I see no basis on which to interfere with this sentence.  The appeal against it is therefore dismissed.

Ms Ody Lai, instructed by Wong & Co, for the appellant

Mr David Yim, of the Department of Justice, for the respondent