Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Consent incapacity
  • 5 Sept 2016

    HKSAR v. L.C.H.

    Citation
    HKSAR v. L.C.H.
    Court
    Court of Appeal
    Case number
    CACC435/2015

    The Court allowed the appeal and varied sentence because, applying sentencing principles for indecent assaults on mentally incapacitated adults, breach of trust and exploitation justified a serious starting point but absence of violence and other aggravating features, together with mitigation (guilty plea and voluntary disclosure of one incident), warranted reducing the starting point to 3 years 6 months for each count and imposing substituted sentences of 25 months (Charge 2) and 28 months (Charge 4) with a partial consecutivity of 4 months, producing an effective total of 32 months; the ori…