Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Incest

  • 16 Oct 2020

    香港特別行政區 訴 Y.H.L.

    Citation
    [2020] HKCA 842
    Court
    Court of Appeal
    Case number
    CACC382/2018

    Leave to appeal was refused because the committal process was conducted in accordance with statutory procedure and the evidence was sufficient to justify trial; credibility and reliability issues were matters for the jury at trial; and the sentencing judge's adoption of a 12‑year starting point per count leading to a total effective sentence of 18 years was within the appropriate range and not manifestly excessive.

  • 6 Apr 2017

    香港特別行政區 訴 L.K.S.

    Citation
    香港特別行政區 訴 L.K.S.
    Court
    Court of Appeal
    Case number
    CACC260/2016

    The Court refused leave to appeal: the sentencing judge's chosen starting points (12 years for count three, 5 years for count five, 15 years for count six) and the one-third reduction for guilty pleas were within the proper judicial discretion; any extra discount for the victim not testifying is discretionary and not mandatory; the judge was entitled to consider the pregnancy and the full course of offending when fixing the sentence for count six; the 12-year aggregate sentence complied with the totality principle and was not manifestly excessive.

  • 25 Nov 2015

    HKSAR v. CYL

    Citation
    HKSAR v. CYL
    Court
    Court of Appeal
    Case number
    CACC113/2015

    The Court held the 10-year overall starting point was justified by the aggravating features (long-term sexual interference, pregnancy, victim abandonment and lasting psychological harm) and that the judge properly discounted one-third for the guilty plea, resulting in an upheld sentence of 6 years 8 months; mitigation did not warrant a greater reduction.

  • 26 Aug 2009

    SECRETARY FOR JUSTICE v. CHAU CHI YAN

    Citation
    SECRETARY FOR JUSTICE v. CHAU CHI YAN
    Court
    Court of Appeal
    Case number
    CAAR7/2008

    The Court held the original total sentence of 3 years was unduly lenient: for unlawful sexual intercourse with a girl aged just over 11 a starting point of six years was justified; after a one-third plea discount plus a limited further reduction the appropriate sentence on count one was 3 years 8 months and part of the second count (10 months) should run consecutively, producing a total effective sentence of 4 years 6 months; cohabitation/in loco parentis qualified as an aggravating feature akin to incest.

  • 23 Nov 2007

    HKSAR v. LAM CHUNG TAK, JEMY

    Citation
    HKSAR v. LAM CHUNG TAK, JEMY
    Court
    Court of Appeal
    Case number
    CACC271/2006

    The 9-year starting point for incest was within the appropriate sentencing range and not manifestly excessive, but the judge should have given greater credit for the applicant's early guilty pleas when applying the totality principle; accordingly the 12-month sentence for indecent assault should run concurrently rather than consecutively, reducing the aggregate term from 10 to 9 years.

  • 2 May 2007

    HKSAR v. CHAN HANG YUK

    Citation
    HKSAR v. CHAN HANG YUK
    Court
    Court of Appeal
    Case number
    CACC366/2005

    Leave to appeal was refused because the sentence of 10 years was within the permissible range given the serious aggravating features—incest of a very young child, abuse of parental trust, physical injury and evidence of attempts to prevent pregnancy—and the absence of remorse or plea mitigation; therefore the sentence was not manifestly excessive.

  • 3 May 1999

    HKSAR v. LI KIN HO

    Citation
    HKSAR v. LI KIN HO
    Court
    Court of Appeal
    Case number
    CACC409/1998

    Convictions on Counts 4 and 5 were quashed because the prosecution led evidence of multiple acts of intercourse over a period to prove single-count offences without sufficient particularity or election, contrary to the common law principle (as applied in Chim Hon-man) that a single-count charge must be founded on proof of a specific act or adequately particularised specimen count; by contrast the conviction on Count 6 stood because DNA/semen findings together with the forensic pathologist's evidence constituted corroboration capable of connecting the accused with the offence, and the five-yea…

  • 2 Jun 1998

    HKSAR v. CHENG HAK PAN

    Citation
    HKSAR v. CHENG HAK PAN
    Court
    Court of Appeal
    Case number
    CACC77/1997

    The Court held the indictment amendments were permissible to reflect the evidence and caused no unfair prejudice; medical evidence of an intact hymen did not necessarily exclude sexual contact and was a matter for the jury; the discrepancies and delay were not of sufficient significance to vitiate the verdict; the judge's directions were proper and defence counsel's conduct did not amount to ineffective assistance. Leave to appeal was dismissed.

  • 9 May 1996

    R. v. CHUI WAI MAN

    Citation
    R. v. CHUI WAI MAN
    Court
    Court of Appeal
    Case number
    CACC731/1995

    Leave to appeal against sentence refused because the sentence was within the appropriate range given the gravity and repetitive nature of the incest, the 40% discount for the guilty pleas was adequate (including for sparing the victim), and there was no sufficient mitigating factor to disturb the sentence.