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…