HKSAR v. Tsang Tsz Chun

DCCC 852/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 852 OF 2012

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.This case has been adjourned twice. On 27 November, the defendant pleaded guilty before me of one charge of unlawful sexual intercourse with a girl under the age of 13. I adjourned for certain reports, and on 18 December, having read those reports and heard further mitigation, I adjourned the sentence to today, asking for a further probation officer’s report and a community service order report.

2.The facts of this case are that the defendant met the victim because he worked in a restaurant with her mother.  They met in November 2011.  They became friends.  Two months later, they started dating.  A month after that, this offence took place.  It was consensual intercourse. However, the victim was still under the age of 13.  When the matter came to light, the defendant was arrested and made a full admission under caution.

3.The defendant also is 25 years old, pleaded guilty and had a previous clear record.  Mainly because of his age, I took a very serious view of this offence and told the defendant he would be facing a term of imprisonment.  However, after the background report and the nine letters of mitigation that came forward on the defendant’s behalf, I could see that the defendant, despite being 25, was naïve and very immature.  He genuinely believed they were in a boyfriend-girlfriend relationship, and I was satisfied that he was not a paedophile nor did he target the victim because of her young age.

4.The fact there would be some impact on the victim because of her age cannot be ignored despite there being no report available.  There has to be some impact on a young girl; young girls or teenagers must be protected by the courts.  That is because they are not mature enough to make sensible decisions where sexual behaviour or limits are concerned. 

5.However, I have balanced that out with the defendant’s own naivety and immaturity despite his age.  He, the defendant, has a complicated family background and it seems he did not have enough support, guidance or an assertive father figure to support him as a youngster himself.

6.The defendant has been in custody for over five weeks now, and I am sure from reading the reports that he will not re‑offend. And as I have said, I am satisfied that he is not a paedophile nor was particularly targeting a young girl.

7.As I have said several times, a term of imprisonment should be and would be entirely appropriate for this offence. However, having seen the latest favourable report, I find this is an exceptional case where I will depart from the norm.  I will impose a community service order for this offence. 

8.For this offence, I will order you to serve a 200-hour community service order.  If you do not complete this order or do not complete it to the satisfaction of the probation officer, then the probation officer will inform this court and the court will discharge that order and re-sentence you.  And if I have to take that course of action, it will be a term of imprisonment.  Do you understand?

DEFENDANT: Understand.

9.Yes, you will be given details of which probation officer to see and where and at what time.  She will arrange what work you will have to complete.