HKSAR v. KONG KA CHUN AND OTHERS

CACC000311/1997

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1997, No. 311
(Criminal)

BETWEEN
HKSAR Respondent
AND
KONG KA CHUN 1st Applicant
CHENG SAI WAI 2nd Applicant
TAM PAK KIN 3rd Applicant

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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

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J U D G M E N T

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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.

(N.P. Power) (Simon Mayo) (M. Stuart-Moore)
Vice-President Justice of Appeal Justice of Appeal

Representation:

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