IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
1997, No. 311
Coram: Hon. Power, V.-P., Mayo and Stuart-Moore, JJ.A. in Court
Date of hearing: 10 March 1998
Date of delivery of judgment: 10 March 1998
J U D G M E N T
Mayo, J.A. (giving the judgment of the Court):
1. The facts of the case will be rehearsed in the judgment which we will be giving. This was a bad gang rape involving a 14-year oldgirl. The 1st Applicant assumed a prominent role in the incident.
2. The judge adopted a starting point of 6 years and increased this to 9 years to take into account the aggravating features – namelythat it was a gang rape and the victim was only aged 14. He did however give a discount of one year to take into account the youthof the defendants. We consider that this approach was appropriate. However on account of A1’s attempt to reverse his plea the judgewas only prepared to allow A1 a discount of six months rather than the usual discount of 1/3. We do not consider that A1 was entitledto the full discount as his attempt to reverse his plea was indicative of an attempt not to admit the criminality of what he haddone.
3. Having regard to all circumstances of the case, we consider that the discount should have been 18 months. The result of this is thattreating the application as the appeal we reduce the sentence to 6 1/2 years’ imprisonment. To this extent the appeal is successful.
Mr. A.A. Bruce, S.C., S.A.D.P.P. and Mr. S.L. TAM, S.G.C. (D.P.P.) for Respondent
Mr. Jeremy Cheung, (D.L.A.) for 1st and 2nd Applicant
Mr. Wong Po-wing, instructed by M/S Lo, Chan and Leung for 3rd Applicant