HKSAR v. CHAND GILL

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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HKSAR
v
CHAND GILL

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Before: Hon Line J

Date: 17 June 2014 at 4.09 pm

Present: Mr Paul C L Leung, on fiat, for HKSAR
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)
(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 ofrape. 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, atthat 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 didbut 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 thatis 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 intercourseand 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 ofthe counts, Counts 3 and 4, concurrently.