HKSAR v. Leung Yuet Hung

Please refer to CAAR1/2014 for the relevant appeal(s) to the Court of Appeal.<br>
Case No.HCCC 42/2013
Court
High Court CFI
Date20 Dec 2013
Judge
Case Document
100%

HCCC 42/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 42 OF 2013

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  HKSAR  
  v  
  LEUNG Yuet-hung  
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Before: DHCJ Woo
Date: 20 December 2013 at 12.15 pm
Present: Miss Anna Lai, SADPP and Miss Claudia Ng, PP of the Department of Justice, for HKSAR
  Mr John Marray, instructed by K Y Lo & Co, for the accused
Offence: Attempted Rape (企圖強姦)

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: The defendant is convicted, now formally, in accordance with the verdict returned by the jury, that he is guilty of the offence with which he is charged: attempted rape.

The attempted rape took place over place over 20 years ago. It affected the girl, Miss X, at the time. And when she is required to give evidence to prove the offence, she wept. That means the offence still affects her.

It is not an offence long gone and forgotten. But, on the other hand, a long time has passed.

The defendant has not committed any offence throughout his life, except in 2012 he was found guilty of committing a theft. I do not know whether he pleaded guilty or he was found guilty, but apparently that offence was a very minor one because he was only fined $500. He has never tasted prison.

But this offence of which he is found guilty is a very serious one.

What is most damaging for the girl is that she lost the sanctity of her own home because he represented to her, falsely, to be a gas man so as to gain entry. She was already very careful, but the defendant was extremely cunning so that he was able to gain entry and getting to know that there was no adult at home.

The jury has found that he attempted to rape her, but I do not know why you desisted. The offence was not completed - that means there was no rape - otherwise that would have affected the girl very much more.

I have been shown some authorities on sentencing in this sort of matter. The usual sentence for rape itself, a completed rape, is five years without aggravating factor.

Now, I do not know why you desisted in completing the rape. You may have been interrupted, or you did not want to do it, eventually. I do not know. But, apparently, only a small amount of violence was used. You hit the girl on her head in order to make her submit or to make her keep quiet, and that is only a small amount of violence. But, still, you gained entry by false pretences into her flat - her home.

In the circumstances, I think the appropriate sentence that should be passed on you is four years’ imprisonment.

In adopting that sentence, I have already taken into account what has been said by your pastor about you in a letter to the court. It appears that after this offence you have not committed any other offence, and you have become a staunch believer. And it is represented that you have been living a normal life - you are a responsible father; son; and husband.

I have taken all those into account and, therefore, I pass a sentence of four years of imprisonment on you.

Please refer to CAAR1/2014 for the relevant appeal(s) to the Court of Appeal.

Please refer to CAAR1/2014 for the relevant appeal(s) to the Court of Appeal.

Please refer to CAAR1/2014 for the relevant appeal(s) to the Court of Appeal.