Hon Yeung VP (giving the Reasons for Judgment of the Court):
上訴法庭副庭長楊振權頒發上訴法庭判案理由書：

Introduction
引言

The applicant, Tsang Chiu Yu, pleaded guilty in the High Court to one count of attempted rape and was sentenced by Deputy High Court Judge P. Li to 8 years’ imprisonment.  Represented by Mr. Suen Kam Hee of Counsel, the applicant applied for leave to appeal the sentence.  At the end of the hearing, we dismissed the application for leave, for reasons which we now give.
申請人（曾昭宇）在高等法院暫委法官李瀚良席前承認一項企圖強姦罪後被判入獄8年。申請人不服判刑，現由孫錦熹大律師代表要求獲准就判刑上訴。經聆訊後，本庭不批准申請人就判刑上訴。以下是本庭的判案理由。

Facts of the case
案情

Miss X, the victim in the present case, was born on 31 December 1995.  At the time of the offence, she had just reached the age of 14 and was residing with her family in a public housing flat in Tin Shui Wai.
案中受害人X小姐在1995年12月31日出生，案發時剛滿14歲，和家人在天水圍一公屋住宅居住。

In December 2009, after Miss X had come to know the applicant on the internet, the applicant assisted her in organizing her birthday party in a private club, although he did not attend the party.
2009年12月，X小姐在互聯網認識了申請人後，申請人協助她在一間私人會所舉行她的生日聚會，但申請人並沒有出席聚會。

On New Year’s Day of 2010, Miss X informed the applicant that she had lost her mobile phone at the birthday party.  The applicant offered to give her a new mobile phone as birthday gift.
2010年元旦日，X小姐向申請人表示在生日聚會時遺失了流動電話，申請人提出送一部新的流動電話給她作為生日禮物。

Subsequently, Miss X and the applicant met somewhere right outside the building in which Miss X resided.   The applicant said a friend of his was sending over the mobile phone, so Miss X and the applicant had a chat at a nearby park and then at his residence, during which nothing improper happened.  Shortly afterwards, the applicant accompanied Miss X back to her home where both her elder sister and younger sister were present.
其後X小姐和申請人在她居住的大廈樓下會面。由於申請人表示其朋友正將流動電話送來，X小姐先後和申請人在附近公園及其居所內聊天，期間並無不當事情發生。稍後，申請人陪同X小姐回家。當時X小姐的姐姐和妹妹都在家中。

When the applicant was about to leave Miss X’s residence, he requested her to accompany him to the lift lobby.  While waiting for the lift, the applicant asked to hug Miss X, and she refused.  Suddenly, the applicant carried her up in his arms and took her to the rear staircase landing between the 12th and the 13th floors.
當申請人要離開X小姐的居所時，他要求X小姐陪伴他到升降機大堂。等候升降機時，申請人要求擁抱X小姐，但她拒絕。申請人突然抱起她及帶她到大廈的12和13樓之間的後樓梯。

The applicant put Miss X on the floor, telling her that he had a knife and would slit her face if she resisted.  He went on to say that he just wanted to hug Miss X, but she firmly refused and kept putting up resistance.
申請人將X小姐放在地下並向她表示自己有刀，如她反抗會劃破她的臉。申請人繼續表示只想擁抱X小姐，但她斷言拒絕及不停反抗。

The applicant began to use violence on Miss X.  He grasped her neck and covered her mouth with his hand, and then fondled her breasts, pulled up her upper clothing and kissed her chest forcibly.
申請人開始向X小姐動粗，先用手扼着她的頸及按着她的口，後撫摸她的乳房和拉起她的上衣，強吻她的胸部。

The applicant threatened Miss X and managed to strip her trousers and underpants down to her knees.  At the same time the applicant stripped down his own tracksuit pants and underpants.
申請人恫嚇X小姐，並成功將她的長褲及內褲褪至膝蓋位。申請人同時褪下自己的運動褲和內褲。

Miss X struggled free and ran upstairs to 13th floor, but there she was chased up and overpowered by the applicant.    He dragged her to the staircase landing between the 13th and the 14th floors, where he kept grasping her neck and covering her nose and mouth with his hands until she promised not to call the police.
X小姐掙脫申請人後跑上13樓，但遭申請人趕上及制伏。申請人將X小姐拖行至13至14樓的梯間，扼著她的頸和掩蓋她的口鼻直至X小姐保證不會報警才放手。

The applicant then ordered Miss X to lift up her upper clothing for him to take photos of her naked body, lest she might report to the police.  She gave in.  But after the applicant had taken photos of her, he did not let her go.  When she put up resistance again, the applicant pushed her to the rear staircase landing at the 14th floor and stripped her trousers down to her knees.
申請人隨後命令X小姐拉起衣服讓他拍攝其裸照，以防她報警。X小姐就範，但申請人拍照完後，沒有釋放X小姐。當X小姐再反抗時，申請人推她到14樓的後樓梯，並將她的長褲褪至膝蓋位置。

When Miss X was lying prone on the floor with her back facing the applicant, he inserted his finger into her private parts and lowered his pants, exposing his erected penis, and attempted to have sexual intercourse with her.
當X小姐俯伏在地下，背向申請人時，申請人用手指插入X小姐下體，並脫下褲子，露出其勃起了的陽具，企圖和X小姐性交。

When Miss X was putting up resistance, the applicant pressed on her and said he just wanted to take a few more photos.  As she kept on struggling, the applicant gave up and told her to put on her clothes before leaving.  She ran to the 12th floor but was chased up by the applicant who then pulled up her upper clothing again to take photos of her naked chest and followed her until she arrived at the entrance door of her home.
X小姐反抗時，申請人按着她，並表示只想多拍幾張照片。由於X小姐繼續掙扎，申請人放棄，並着她先穿回衣服才離去。X小姐跑往12樓，但遭申請人趕上。申請人再度拉起她的上衣來拍攝其胸部的裸照，並尾隨X小姐返抵其家門才止步。

Back at home, Miss X tearfully told her family members what had happened.  In the small hours of 2 January 2010, she went to the police station with her parents to make a report.
X小姐返家後，向家人哭訴，並在父母陪同下在2010年1月2日凌晨前往警署報案。

Miss X suffered no injury to her private parts.  However, there were multiple reddish bruises over other parts of her body.  Swab tests taken of her breasts also revealed presence of the applicant’s saliva.
X小姐的下體並沒有受傷，但身體其他地方有多處紅色瘀傷傷痕，其乳房拭子亦有申請人的唾液。

After arrest, the applicant said under caution, “Ah sir, I did it.  I harassed the girl.  I shot some video clips which are (stored) in (my) computer.  And today I have deleted all the photos taken at the staircase last night.”  At a subsequent video-recorded interview, the applicant admitted having made verbal threats to Miss X in order to force her to give in, and also admitted having climbed on top of her body in an attempt to have sexual intercourse with her, but the attempt failed because she shouted for help.
申請人被捕後，在警誡下說：「阿Sir，係我做嘅，條女我搞嘅。我拍咗的短片响部電腦度；而擒晚喺樓梯拍嘅相我今日已經洗哂喇。」其後在錄影會面時，申請人承認曾出言恫嚇X小姐迫她就範，亦承認曾爬上她的身體嘗試和她性交，但因她呼救而未能成事。

Video clips pertaining to the incident were found in the applicant’s computer by the police.  The deleted photos were also successfully restored from his camera.
警員在申請人的電腦內發現和事件有關的影片，亦在其相機成功修復了已被刪除的照片。

The ordeal has caused serious physical and mental trauma to Miss X, exacerbating her depressed mood and adversely affecting her daily functioning.  Miss X is currently suffering serious post-traumatic stress disorder.  She is constantly under intense fear and feels helpless and powerless.  She often blames herself for having trusted the applicant, and has lost her self-confidence and feels shameful.  She feels angry about the violent acts and verbal threats of the applicant, which she finds loathsome.  The clinical psychologist takes the view that Miss X has presented symptoms of escapism and suppression of her own emotions, with frequent episodes of insomnia and waking from fear, which acutely affect her daily functioning and worsen her low mood.  The psychologist considers it necessary for Miss X to undergo psychological treatment.
事件導致X小姐身心受到嚴重創傷，令她本來已低落的情緒惡化，影響她的生活機能。X小姐現有嚴重創傷後遺症，經常極度恐懼、感覺無助和無能為力。她經常自責相信申請人，並失去自信和感到羞恥。她對申請人的暴力威脅行為亦感到憤怒和厭惡。心理專家認為X小姐有逃避和壓抑情緒的徵狀，時有失眠和驚醒的情況，嚴重影響她的生活機能及令其低落的情緒惡化。專家認為X小姐要接受心理治療。

The applicant’s background and grounds of mitigation
申請人的背景和求情理由

At the time of the offence, the applicant was about 31 years of age and single.  He is not well-educated, having merely attained Form 3 level, and has been engaged in manual labour work in various fields.
案發時申請人約31歲，未婚。申請人教育程度不高，讀書至中三，曾從事不同行業的體力勞動工作。

The applicant has nine convictions for offences including indecent assault and rape.  In February 2007 he was sentenced to 5 years’ imprisonment for having raped a 15-year-old girl whom he came to know on the internet. He was released on 11 November 2009, less than two months before he committed the present offence.  The clinical psychologist pointed out that the applicant had displayed behavioural problems since childhood.  He was selfish, violent, unsympathetic and inconsiderate.  He had been found to have Antisocial Personality Disorder.  He was promiscuous and enjoyed having sex with girls in their early teens because they could be easily manipulated.  The psychologist also found that the applicant had shown no remorse at all about his previous conduct and had instead shifted the blame to the victims and put up alcoholism as an excuse.  The psychologist concluded that, as the risk of the applicant re-offending was extremely high, the applicant must be subjected to long-term imprisonment and psychological treatment.
申請人有九次犯罪記錄，包括“非禮”和強姦罪行。申請人在2007年2月因強姦一名在互聯網認識的15歲女童而被判監5年。至2009年11月11日，即干犯本案前不足兩個月，才出獄。心理學家指出申請人自幼行為已出現問題。他為人自私、暴戾、沒有同情心和不顧他人感受，患有反社會人格障礙症。申請人濫交，喜歡和十餘歲女童性交，原因是她們容易受別人操控。心理學家更認為申請人對以往的行為全無悔意，更把責任推到受害女童身上，及借口受酗酒所害。心理學家表示申請人重犯機會極高，必須長期監禁和接受心理治療。

The applicant said he felt remorse for the present offence and offered his apology to Miss X.  He said his family had forgiven him and he promised to work hard towards rehabilitation, and hence he hoped the court would pass a lenient sentence.
申請人表示對罪行感到內疚，並向X小姐道歉。他表示已得到家人原諒，並承諾會努力改過，故希望法庭輕判。

The trial judge’s reasons for sentence
原審法官的判刑理由

The trial judge emphasized that the applicant committed the present offence less than two months after having served the sentence for an offence of rape, which, coupled with the fact that both offences involved the same modus operandi, indicated a lack of repentance on the applicant’s part. The trial judge took the view that the applicant posed a grave risk to society and should be subjected to long-term imprisonment and psychological treatment.
原審法官強調申請人因強姦罪服刑完畢後不足兩個月便干犯本案，而干犯本案的手法和干犯該宗強姦案的手法相同，顯示申請人不知悔改。原審法官認為申請人對社會的安全構成極大危險，應長期監禁和接受心理治療。

The trial judge pointed out the following features of the case which he considered to be aggravating factors: (1) the offence was premeditated in that the applicant made use of the internet to get to know Miss X and sexually assaulted her at their very first meeting; (2) Miss X had just reached the age of 14 at the time of the incident; (3) at the rear staircase the applicant pressurized and gave chase to Miss X a number of times, forcibly took off her clothes, and even inserted his finger into her private parts; (4) the applicant had no intention to use a condom and his attempt to rape Miss X failed only because she put up a struggle; (5) the applicant took photos of Miss X’s naked body in order to threaten her; and (6) as a result of the ordeal, Miss X suffered a depressed mood, physical and mental harm and impairment of daily functioning, and it was necessary for her to receive psychological treatment.
原審法官認為本案有下列加重罪責因素，包括（一）申請人有計劃犯案，利用互聯網認識X小姐，並在初次見面便侵犯她；（二）X小姐事發時只剛滿14歲；（三）申請人在後樓梯多次迫逼X小姐，並強行除她的衫褲，更用手指插她的下體；（四）申請人沒有打算用安全套，而只因X小姐掙扎而強姦才事敗；（五）申請人影下X小姐裸照來威脅她；及（六）事件導致X小姐情緒低落、身心受傷害及生活機能受影響，必須接受心理治療。

The trial judge stressed that the offence in question warranted a deterrent sentence which would demonstrate the intolerance of the society to this kind of offence and also redress the grievances suffered by the victim and her family.
原審法官強調申請人的罪行應判的刑期應具阻嚇作用，以儆效尤，而刑罰亦需表明社會大眾不容該類罪行，也要反映受害人和其家人所受的委屈。

Having considered previous judicial decisions including HKSAR v Chung Chi Wing [2010] 5 HKC 75, SJ v Lau Yun Leung [1999] 3 HKLRD 289 and R v Millerry [2003] 1 WLR 546, the trial judge adopted a basic starting point of 9 years’ imprisonment for the present case, but then enhanced it to 12 years in light of the applicant’s psychological disorder and the high risk of re-offending.
原審法官考慮過HKSAR v Chung Chi Wing [2010] 5 HKC 75，SJ v Lau Yun Leung [1999] 3 HKLRD 289，R v Millerry [2003] 1 WLR 546等案後認為適用的基本量刑基準為9年，但考慮到申請人的失常心理狀況及重犯機會高，故將量刑基準提升至12年。

The trial judge pointed out that although the offence to which the applicant pleaded guilty was only attempted rape, what he had done was tantamount to rape, and that he failed to achieve his purpose of raping Miss X not because he stopped of his own accord, but only because Miss X put up resistance with all her might.
原審法官指出雖然申請人承認的只是企圖強姦罪，但其罪行等同強姦，而申請人未能達到強姦目的，完全是因為X小姐奮力反抗而並非是申請人自動停止其罪行。

In the end, the trial judge reduced the sentence by one-third to 8 years on account of the applicant’s guilty plea which was apparently the sole mitigating factor.
最後原審法官只因申請人認罪而將刑期扣減三分一至8年。

Grounds of appeal
上訴理由

Mr. Suen submits that, apart from the young age of Miss X and the taking of nude photos of hers by the applicant, the aggravating factors highlighted by the trial judge are present in rape cases in general.  Mr. Suen maintains that in attempted rape cases, which do not involve vaginal penetration by the  penis, the physical and mental trauma caused to the victim is comparatively light, and the defendant will not transmit any venereal diseases to the victim or make her pregnant.  Therefore, the sentence for the offence of attempted rape should, it is submitted, be lower than that for the offence of rape.
孫大律師指原審法官列出的六項加重罪責因素，除了X小姐年輕及申請人拍攝其裸照外，其餘因素在一般強姦案都存在。孫大律師力稱在企圖強姦案，被告人的陽具沒有進入受害人的陰道，故對受害人的身心造成的創傷較輕，亦不會傳染性病和令受害人懷孕，故判刑應較強姦罪為輕。

Relying on the sentences imposed by the courts in a number of rape cases, Mr. Suen submits that the sentence of 8 years’ imprisonment imposed on the applicant is manifestly excessive.
孫大律師援引多宗強姦案件的判刑，以支持他的立場，即申請人被判的8年刑期屬明顯過重。

Discussion
討論

The circumstances of this kind of offence and the sentencing considerations vary from case to case.  Therefore, the sentences imposed in other cases of the same kind do not necessarily have a decisive effect on sentencing.
不同案件有不同案情，法庭判刑時要考慮的因素亦有分別，故其他同類案件的判刑，不一定具舉足輕重的影響。

We agree that, all other relevant considerations being equal, the sentence for the offence of attempted rape should generally be lower than that for the offence of rape.  The reasons pointed out by Mr. Suen are obvious enough.
本庭同意，一般而言，企圖強姦罪行的判刑，如其他有關因素相同時，應較強姦罪行的判刑為輕，孫大律師指出的原因亦是顯而易見的。

However, in considering the appropriate sentence for the offence of attempted rape, it is necessary for the court to consider all factors pertinent to the case.  Apart from the degree of culpability of the accused, the court also has to take into account public interest, namely the need to ensure the safety of members of the public and protect them from any further offence committed by the accused.
但法庭考慮企圖強姦罪行的適當判刑時，必需顧及案件所有的有關因素。除了被告人罪行應受責備的程度外，法庭更要將社會大眾的利益考慮在內，要確保社會安全，避免他人再因被告人的罪行而受害。

Compared with other cases of rape or attempted rape, there are indeed features in the present case which make it particularly serious.
和其他強姦或企圖強姦案件相比，本案確有其特殊的嚴重性。

The offence was clearly premeditated.  The applicant came to know Miss X on the internet and then sought to contact her by offering her some materialistic enticements, and sexually assaulted her at their very first meeting.
申請人明確是有計劃行事，他在互聯網認識X小姐後，利用一些物質誘因接觸她，並在首次和她見面時便侵犯她。

The applicant’s assaults had apparently been directed at  innocent girls of tender age, the reason being that, according to the clinical psychologist, young girls could be easily manipulated.
申請人明顯是以年齡甚輕的無知少女為襲擊對象，而心理學家更指出申請人針對女童的原因是因為她們容易受操縱。

This Court has repeatedly pointed out that it is an extremely serious offence for an adult man to sexually assault, on various pretexts or in various ways, innocent young girls whom he has come to know on the internet. Such an offence, being serious in nature and also increasingly prevalent, calls for severe punishment.  The court is under a duty to deter this type of offence and protect innocent young girls.
本庭屢次指出，成年男子在互聯網上結識無知少女後，以不同藉口或方法性侵犯她們屬極為嚴重罪行，必需嚴懲，原因是這類罪行不但嚴重，更日趨普遍。法庭有責任阻嚇該類罪行，保護無知少女。

Miss X, the victim in the present case, was particularly young, having just reached the age of 14 at the time of the offence.  The offence had a huge impact on Miss X.  As a result of the incident, she suffered serious post-traumatic stress disorder, which  adversely affected her daily functioning to the extreme and which necessitated psychological treatment on her.
本案的受害人，X小姐更是特別年輕，案發時剛滿14歲。申請人的罪行對X小姐的影響十分嚴重。她因事件而患上的嚴重創傷後遺症，對她的生活機能有極大的負面影響，導致她要接受心理治療。

We wish to repeat the following observations made by this Court in HKSAR v Kong Yun Chiu [2007] 4 HKC 391:
本庭想複述上訴法庭在HKSAR v Kong Yun Chiu [2007] 4 HKC 391案的以下評論：

“(1)The fact that the victim is a child is always a severely aggravating feature.  Children are vulnerable members of society.  It is too easy for those who would prey on their naivete and trust to succeed, for children are by nature trusting and the deliberate invasion of a child’s innocence by an act of sexual abuse bears a repulsive character of its own and must be treated accordingly.
“(一)受害人是一名兒童必然是極為嚴重的加重罪責因素。兒童是社會上易受危害的份子。利用兒童的幼稚和信任來欺凌他們容易得手，原因是兒童天性輕易信賴別人。故意以性侵犯行為干擾兒童的純真具令人厭惡的特性，故必需嚴正對待。

(2)The trauma and distress, immediate and long term, is not confined to the child: parents are also affected.
(二)有關的精神創傷和悲傷，不論長期或短期，並非單由該名兒童面對，其父母亦受影響。

(3)Children are much more likely than adults to suffer trauma in silence rather than report, particularly in cases of breaches of trust…”
(三)和成年人相比，兒童會較大可能默默地忍受精神創傷，而不去舉報，特別是涉及違反信任的情況…”（非官方翻譯）。

We agree with the trial judge that it is necessary to impose on the defendant a sentence which demonstrates the intolerance of the society to such offence and also redresses the grievances suffered by Miss X and her family.  We cannot ignore the fact that, in the course of committing the offence, the applicant had taken photos of Miss X’s private parts and breasts to be used as threats against her.  The incident must have subjected Miss X and her family to tremendous distress and put them under constant pressure that those photos might be publicized (see the observations made by Ma CJHC (as he then was) in paragraph 26(c) and (d) of his judgment in HKSAR v Chow Yuen-fai [2010] 1 HKLRD 354).
本庭認同原審法官的立場，即適用於申請人的刑罰必需表明社會大眾不容忍他的罪行，也要平復X小姐和其家人所受的委屈。本庭不能忽視，在犯案過程，申請人拍下X小姐私處及乳房的照片來威脅她。事件必會對X小姐和其家人造成極大的傷痛，令他們長期受照片可能公開的壓力。（見馬道立首席法官（當時官階）在HKSAR v Chow Yuen-fai [2010] 1 HKLRD 354案判案書第26(c)及(d)段的評論。）

Had the applicant raped Miss X, the offence would have been even more serious.  Still, there is support for the trial judge’s comment that what the applicant had done was tantamount to rape and that he failed to achieve his aim of raping Miss X not because he stopped of his own accord, but only because she put up resistance with all her might.
假若申請人確有強姦X小姐，他的罪行會更為嚴重，但原審法官指申請人的罪行和強姦差不多，而他未有達到目的強姦X小姐，並非因為他自動停止，而是因為X小姐奮力反抗的說法，亦是有基礎支持的。

One of the cases cited by Mr. Suen is HKSAR v Chung Chin Wing [2010] 5 HKC 75, in which the defendant lured a 13-year-old girl into his vehicle which he parked in an open space opposite her school, and then raped her inside the vehicle.  When she resisted, the defendant used violence on her.  He did not wear a condom and ejaculated inside the victim.  After the rape, the defendant ordered the victim to leave the vehicle and then drove off.  He was arrested 9 years after the offence.
孫大律師援引HKSAR v Chung Chi Wing [2010] 5 HKC 75案。該案的被告人在一名13歲女童的學校外誘騙她上了他的汽車後，在車上強姦受害人。當受害人反抗時，被告人更對她動武。被告人強姦受害人時沒有帶安全套，更在女童體內射精，事後被告人命令受害人離開其汽車後，駛走汽車。事發後9年，被告人遭拘捕。

The defendant pleaded guilty in the Court of First Instance and was sentenced to 10 years’ imprisonment.  On appeal, the Court of Appeal held that the appropriate starting point was 11 years and reduced the sentence to 7 years and 4 months on account of the guilty plea.
原審時，被告人認罪後被判入獄10年，上訴法庭認為適當的量刑基準是11年，因被告人認罪故將其刑期減至7年4個月。

The Court of Appeal pointed out three aggravating factors in the case: (1) the planning done by the defendant, who preyed upon pupils leaving the school premises after school and then lured the victim into his vehicle; (2) the tender age of the victim, i.e. 13 years and 5 months; and (3) by not wearing a condom and by ejaculating inside the victim, the defendant was reckless as to the physical consequences of his conduct for the young girl.
上訴法庭指出上述案件有三項加重罪責因素，包括（一）罪行是有計劃的，被告人針對放學的學生並將她誘騙上其汽車；（二）受害人年齡極輕，只有13歲5個月；及（三）被告人罔顧其行為對該名女童身體的後果，他沒有帶安全套更在女童體內射精。

The Court of Appeal also pointed out that, despite a lapse of 9 years between the offence and the arrest, the prosecution had not adduced any report on the impact, if any, of the incident on the victim .  Accordingly, there was no evidence of any adverse impact, long-term or short-term, of the ordeal on the victim, and sentencing had to proceed on the assumption that the incident had not made tremendous long-term or short-term effects on the victim.
上訴法庭同時指出，雖然事隔9年，但控方沒有呈交受害人影響報告，故沒有證據證明事件對受害人有長期或短期不良後果，而法庭要假設事件並沒有對受害人造成巨大的長期或短期影響來作出判刑。

The Court of Appeal further said that as some 9 years had lapsed since the commission of the offence, the Court was well-positioned to assess the level of risk posed by the defendant to the society at large.  The Court of Appeal emphasized that although the defendant had an extensive conviction record for offences involving dishonesty, he had never committed sexual offences, and therefore the defendant did not  pose a continuing risk to society as far as sexual offences were concerned.
上訴法庭更指出判刑時和事發已相隔9年，故法庭能掌握被告人對社會的危害程度。上訴法庭強調雖然被告人有多次不誠實的罪行案底，但他從未干犯過任何性罪行，因此被告人在性罪行方面，對社會不構成持續的危害。

On the contrary, in the present case there is evidence to show that the offence committed by the applicant brought about a huge negative impact on Miss X who suffered serious post-traumatic stress disorder and had to receive psychological treatment.
本案情況剛剛相反，有證據證明申請人的罪行對X小姐造成極大的不良後果，令她患上嚴重的創傷後遺症，並要接受心理治療。

More importantly, the applicant is a recidivist sex offender who poses a grave risk to society.  At the age of 16, he committed indecent assault for which he was put under probation.  In 2006, after he came to know a 15-year-old girl on the internet, he lured her to meet him on the pretext that he would lend her money.  He then took her to the rear staircase of a shopping arcade where he threatened her at knife point and raped her.
更為重要的是申請人是一名性罪行積犯，對社會極具危害性的性犯罪份子。申請人16歲便犯了“非禮”罪而被判感化。2006年申請人在互聯網認識一名15歲女童後，以借錢給她誘使受害人和他見面後，將受害人帶往商場的後樓梯並用刀指嚇受害人後強姦她。

Having served a term of 5 years’ imprisonment for the aforesaid offence and less than two months after his release, the applicant employed the same method of getting to know Miss X on the internet, luring her with materialistic enticements and attempting to rape her at their very first meeting.
申請人更是在因上述罪行坐牢5年，獲釋後不足兩個月便以相同手法，即在互聯網認識X小姐後，以物質引誘她及在兩人初次見面便企圖強姦X小姐。

It is clear that the applicant is a sexual recidivist who shows neither remorse nor intention to rehabilitate himself.  He poses a grave risk to society, and particularly to innocent young girls.  We agree that it is in the public interest to have the applicant subjected to long-term incarceration and psychological treatment in order to prevent him from re-offending.
申請人明確是一名不知悔改的性罪行積犯。他對社會，特別是無知女童構成極大危害。本庭同意為了保障社會的利益，申請人應長期監禁及接受心理治療避免他再次犯案。

In our view, in considering the appropriate sentence, the interest of the society at large is a factor of paramount importance (see our observations in paragraph 23 of the judgment in HKSAR v Cheung Kwok-yip, Peter [2010] 3 HKC 470).
本庭認為考慮案件的判刑時，應以社會利益為首要。（見本庭在HKSAR v Cheung Kwok-yip, Peter [2010] 3 HKC 470案判案書第23段的評論。）

For the applicant who has pleaded guilty to one count of attempted rape, a sentence of 8 years’ imprisonment (which translates to a starting point of 12 years) may appear to be very severe.  However, in our judgment, given the background of the case and of the applicant, the sentence is both necessary and appropriate, and is not manifestly excessive.  If in future, upon release from jail for the present offence, the applicant commits the same kind of offence, an even more severe sentence will certainly be imposed on him in order to minimize the level of risk he poses to society.
申請人承認一項企圖強姦罪被判8年監禁（等同12年的量刑基準），表面上屬極為嚴苛。但本庭認為以案件的背景及申請人的背景而言，該判刑是有需要及合適的，而非明顯過重。假若將來獲釋後，申請人仍然干犯同類罪行，他必會面對更為嚴苛的懲罸，以盡量減低他對社會的危害程度。

For the above reasons, we have refused to grant leave to the applicant to appeal his sentence.
基於上述理由，本庭不批准申請人就判刑上訴。

Mr. Ira Lui, Senior Public Prosecutor of the Department of Justice, for the Respondent
答辯人：由律政司高級檢控官雷芷茗代表。

Mr. Suen Kam Hee, instructed by Messrs. Hobson and Ma assigned by the Legal Aid Department, for the Applicant
申請人：由法律援助署委派何柏生馬華潤律師行轉聘大律師孫錦熹代表。