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HCCC 20/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 20 OF 2014
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| Date: |
17 June 2014 at 4.09 pm |
| Present: |
Mr Paul C L Leung, on fiat, for HKSAR |
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Mr Kamlesh A Sadhwani, instructed by George Chan & Co, assigned by Director of Legal Aid, for the accused |
| Offence: |
(1), (2) and (4) Rape(強姦) |
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(3) Non-consensual buggery (未經同意下作出肛交) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The jury has convicted you of one count of rape and one count of non-consensual buggery. They acquitted you of two counts of rape. Your victim was an Indonesian maid. It was two years since she had seen her family. You offered her friendship but, behind that friendship, or offer of it, was to be perceived a desire for more.
I bear in mind the jury have acquitted you of the first two allegations of rape but the conviction on Count 4 demonstrates that, at that time, you either knew she was not consenting or you were reckless as to it. The fact that you might not have acted as you did but for some drink taken provides you with little or no mitigation.
Sentences in the region of 6 years are to be expected in this jurisdiction following conviction on a single count of rape and that is the starting point I shall take.
This case was aggravated by the fact that you deliberately buggered her. It is also exacerbated by the fact that the sexual intercourse and the buggery, in both cases, no condom was used.
Bearing in mind those aggravations, I shall increase the sentence to one of 7½ years. That is the sentence I shall pass on each of the counts, Counts 3 and 4, concurrently.
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