SO YIU-CHUEN v. THE QUEEN

CACC000339/1972

 

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

 

CRIMINAL APPEAL NO. 339 OF 1972

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BETWEEN
	SO Yiu-chuen	Appellant
	and
	THE QUEEN	Respondent

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Coram: Briggs, J. in Court

Date of Judgment: 5.6.1972.

 

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JUDGMENT

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1. The Appellant pleaded guilty to four counts of indecent assault on a girl who is said to have been 12 years and three months old at the time. The offences occurred between the 14th of February and the 5th of April of this year.

2. Early in October 1971 the Appellant noticed the victim begging in the street. She told him a hard luck story so he took her to his home. He is a married man but his wife and family live in China. He lives here with his mother. The victim remained with him in his house for a few days and then confessed that she had not told him the true facts.

3. These were that she is one of four children of a hawker and his wife. Upon hearing this the Appellant took the victim home to her family. The victim had absented herself from her family of her own free will. And this was not the first time she had behaved in such a way. Since July 1971 she had done this on several occasions. She would remain away from home for several days at a time, sleeping on the streets. However the victim asked the Appellant to be her god-father and she used to visit him from time to time.

4. Early in February 1972 the victim again left her parents and asked the Appellant to allow her to stay in his home. With his mother's and her family's consent he agreed to this.

5. There was only one bed in the house and the Appellant and the victim shared it unknown to the Appellant's mother.

6. As I have said the Appellant then indecently assaulted the victim on four occasions. There was no penetration and it is obvious that the victim was a consenting party. For the situation was only discovered due to the curiosity of another tenant in the building as to the relationship between the Appellant and the victim. It seems that the victim artlessly told that person what had happened. She passed the information on to the mother of the Appellant who reported the matter to the police.

7. The victim has suffered no physical injury. I have seen a medical report on her which does not appear to have been seen by the Magistrate who tried the case. Unfortunately it does not state whether the victim had reached the age of puberty, whether she had menstruated.

8. The Appellant was sentenced to 12 months imprisonment on each of the four counts the sentences to run concurrently. He appeals against these sentences. In my view they are manifestly excessive. I do not think that the Magistrate paid enough attention to the conduct of the victim. She is obviously of a wanton disposition and it may well be that she encouraged the attention of the Appellant who, apart from this case, has a clear record. There is also the fact that she had suffered no physical injury

9. Accordingly I quashed the sentences and substituted a sentence of 6 months on each count. The sentences are to be concurrent and to date from the date of conviction.

 

 

	(G.G. Briggs)
	Puisne Judge
	5.6.72.

 

Representation: