HKSAR v. RAI RAJU KUMAR

HCCC215/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 215 OF 2008

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HKSAR
v.
Rai Raju Kumar

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Before: Deputy High Court Judge Lugar-Mawson in court

Date: 24 February 2009 at 3.56 pm

Present:

Ms Virginia Lau, SPP, of the Department of Justice, for HKSAR
Mr David Khosa, instructed by T C Lau & Co., assigned by the Director of Legal Aid, for the Accused

Offence: Rape (強姦)

Transcript of the Audio Recording
of the Sentence in the above case

COURT: Rai Raju Kumar, you have been found guilty of a most sordid rape. You took advantage of a drunken woman who was a customerin the bar where you worked, and you took advantage of her for your own sexual gratification. It is hard to imagine what pleasureyou could have gained from that act.

I accept that your act was not planned, in the sense that you had picked her out as your victim hours beforehand. It appears clearfrom the evidence that you decided, at some stage before you led her to the toilet, that you would, if possible, take advantage ofher there.

It cannot be said that you were in a true position of trust with regard to the young woman in question. Nevertheless, customers ofbars, indeed, all places of entertainment, have a right to expect that the staff do not behave in the disgraceful way that you behaved.

The only good that can be said for you is that there was only minimal violence towards the woman. Her injuries were minor ones andshe suffers no lasting physical scars. Her mental scars, however, must be self-evident because it is clear from the state that shewas in, when giving evidence, that she is still traumatised by what you did to her.

I acknowledge that you are hitherto of good character. I accept that you have been supportive towards your family. I accept thatyou have made your own way in the world and gained employment for yourself, and are not sponging on public assistance. But for offencesof this type, for offences of rape, good character counts for very little.

You must go to prison for this offence for a meaningful period of time. I am of the view that 6 years’ imprisonment is appropriatein this case. It is appropriate for what you did to that woman. Therefore, I sentence you to serve 6 years’ imprisonment forthe rape of Denise Wong.

Defendant’s application for leave to appeal against conviction dismissed. Please refer to CACC74/2009 dated 18 June 2010