MA WING KIN AND ANOTHER v. THE QUEEN

CACC000245/1978

 

IN THE COURT OF APPEAL	No. 245 of 1978
	(Criminal)

 

BETWEEN:
	MA WING KIN
	LI KAM YUEN	Appellants
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J., Huggins & Pickering, JJ.A.

Date of Judgment: 28th December, 1978.

 

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JUDGMENT

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1. The appellants were both found guilty of one charge of blackmail and one charge of false imprisonment. In addition, the second appellant was found guilty of one charge of rape. The appellants appealed against their conviction, which was dismissed. The first appellant was sentenced to five years' imprisonment on each of the two counts with which he was charged. The second appellant was also sentenced to five years' imprisonment on the blackmail and false imprisonment counts, in addition he was sentenced to eight years' imprisonment on the rape count. All sentences were to be served concurrently. The appellants appeal against these sentences.

2. The facts can be very briefly dealt with. The appellants, with two other persons, blackmailed a Miss Chan who had been "following" the first appellant. She decided to leave him and to follow another man. The appellants, together with others, demanded a separation fee from her and kept her for a night in a hut in Chai Wan. At that hut the second appellant raped her. Although force was used by the second appellant, it was not by any means as serious a case as many that have come before this court.

3. The first appellant has a clear record. The second appellant has previously been convicted for robbery and for defilement of a girl aged between 13 and 16 years. For the latter offence, he was sentenced to be bound over for twelve months; that was in 1977.

4. Taking the whole facts of this case into consideration, including the fact that the victim was a girl of loose morals and that only a moderate amount of force was used by the second appellant, we think that the sentences are excessive.

5. We think that the right course to take is to allow these appeals against sentence to the extent that the sentences of five years passed in each case on the blackmail and false imprisonment charges are to be reduced to three and a half years' imprisonment, and the sentence of eight years passed on the second appellant for rape be reduced to six years. The sentences are to be concurrent in each case.

 

 

	(Geoffrey Briggs)
	President.

 

Representation:

van Buuren (Alfred Lau & Co.) for appellants

Reid for crown