HKSAR v. Chan Sui Chuen
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DCCC 351/2013 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO 351 OF 2013 ----------------------
--------------------- Reasons for Sentence --------------------- 1.Defendant, you have pleaded guilty to one offence of unlawful sexual intercourse with a girl under the age of 16, not guilty to one offence of indecent assault, contrary to sections 124(1) and 122(1) respectively of the Crimes Ordinance, Cap.200. You have pleaded guilty to one offence of possession of dangerous drugs, that is contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap.134, and to one offence of blackmail, contrary to section 23(1) and (3) of the Theft Ordinance, Cap.210. 2.You admitted the facts and I convicted you, that is on Charges 1, 3 and 4. Charge 2 was to be left on the file and not to be proceeded with without leave of this court or the Court of Appeal. 3.The facts were as follows. 4.X was born on 13 November 1998. She became acquainted with you via Facebook in mid-August 2012. As I understand it, that would make her 13 years of age, coming up to 14. You asked her to go to your house at Fu Nga House, Tai Wo Hau Estate, Kwai Chung, on 22 August 2012, where you would teach her homework. 5.At about 4 pm on 23 August she went there. Your mother was at home. You both went to your bedroom where you chatted and you taught her homework. At about 5.43 pm she left. 6.On 24 August 2012 at about 5 pm she went there again to study. Your mother was watching TV in the living room. Again, you both went to your room and closed the door. You stripped her and had sexual intercourse with her. She had said she did not want to but eventually you did. She felt pain. You also asked her to perform oral sex on you. This she did. At no stage did you ever use a condom. 7.On 25 August 2012 you called her and demanded money from her. You met her in Mongkok and you threatened to find someone to go to her home to cause harassment if she did not give you money. You asked her to raise money from her friends and you even used her phone to text people. That is Charge 4. 8.She sought assistance from her male friend, Y, who is 17. She in your presence called him and told him that a friend had no money to support a 3-year-old child and asked for $2,000. Y apparently did not believe her and cut the line. She called him again claiming to have damaged someone’s iPad and she had to pay $2,000 compensation. You took her phone and directly demanded money from Y. At about 12.30 pm, Y came to meet you and her. He gave you $1,000 and you told him to pay the other $1,000 in a few days. You gave your number to him. 9.Y then informed X’s mother and a report was made to the police that day. 10.On 27 August 2012, police arrested and cautioned you at your home. You admitted to having sex with X. Inside a cabinet in the bedroom they found a lighter, a plastic bag and suspected traces of “Ice”. This was subsequently found to be traces of a powder containing amphetamine. 11.In a subsequent video recorded interview you made full admissions. 12.You said you had spent the $1,000. 13.Medical examination of X indicated that she had recently had sexual intercourse. 14.You admitted to nine previous convictions. However, in fact the last one was for a similar offence but committed after the commission of the present offence. You will in fact be serving a prison sentence until April of 2014. 15.In view of these facts I adjourned for a probation officer’s background report and a report as to your psychological state of mind. 16.On your behalf Miss Cheng entered mitigation. She said that she had explained to you both reports and you agreed with their contents. She submitted that the psychological report showed that you were not a paedophile, nor a deviant, nor mentally ill. In the past you had been able to form and maintain normal relationships and, in fact, had a son from a previous cohabitation. 17.She submitted what was shown was that you had an anti-social personality profile which had been influenced by dangerous drugs, that in prison you had been able to break the hold that drugs has on you, you had developed an interest in religious matters and formed relationships within a religious group, and you hoped with the support of your mother to turn over a new leaf. It was your hope and intention on release from prison to obtain work and to keep away from crime and drugs. 18.She submitted that for unlawful sexual intercourse there is no actual tariff but did refer me to the case of HKSAR v Chan Kwong Pui, CACC 228/2003. In that case it was said that the normal range for such offences is about 18 months’ imprisonment. 19.I was also referred to the case of HKSAR v Lau Hau Cheung, CACC 323/2000. That case involved thefts and blackmails, but the blackmails were in fact dismissed, so therefore the case was not of much assistance. 20.Finally, on your behalf Miss Cheng asked for leniency. 21.I turn now to the sentence. 22.The crimes that you committed whilst on remand for the present offence and are of a very similar nature I have ignored for this purpose of sentencing you, the reason being is that they occurred after the commission of the present offence and whatever sentence was imposed on that occasion would take into account the fact that they had been committed whilst you were on bail. 23.You have psychological problems; that is well-established. You have personality problems and you have suffered in the past from addiction to drugs. Your criminal record is poor. You have being committing offences over a number of years including drugs offences. 24.The offences in this case are serious offences, there is no doubt of that. X was not even 14. Your grooming of her over Facebook was cynical and planned. You lured her to your home where you took advantage of her youth. Thereafter you went on to threaten and to blackmail this young girl in order to try to obtain money. You therefore took advantage of her both financially and sexually. I note also that when the act of intercourse took place and other acts no condom was ever used. That is an aggravating feature. You also threatened her family and involved her friends. That is in the blackmail aspect. 25.There are some points in your favour, the first being of course that you were entirely straightforward and honest with the police when arrested, and of prime importance is the fact that you have spared the young girl the trauma of the witness box. You are also fortunate to enjoy the support of your mother and it is hoped with the experience of prison and the support you have that you will turn over a new leaf as you have claimed. 26.As I have said, these offences call for substantial prison sentences. 27.In respect of the first offence, that is unlawful sexual intercourse with a girl under 16, I take as a starting point 21 months’ imprisonment, reduced to 14 for your plea of guilty. 28.In respect of the possession of the very small quantity, in fact only traces of methamphetamine, I take as a starting point 6 months’ imprisonment, reduced to 4, but that will be served concurrently to the first sentence. 29.The blackmail is a serious and cynical offence. I take as a starting point 3 years’ imprisonment, reduced to 2 years. 16 months will be served consecutively and 8 months will be served concurrently, thereby applying the principle of totality. 30.To sum up then, for these offences you will go to prison for a period of 30 months. They will be served consecutively to your existing sentence.
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