Man sent to jail for sex with girl, 12

PUBLISHED : Saturday, 08 January, 1994, 12:00am
UPDATED : Saturday, 08 January, 1994, 12:00am

A MAN found guilty of having sex with the 12-year-old daughter of his live-in girlfriend was yesterday jailed for 21/2 years in the District Court.

The 34-year-old defendant, who originally faced four counts of having unlawful sexual intercourse with a girl under 13 and a count of indecent assault, pleaded not guilty to all the charges.

He was acquitted of three of the four charges of having sex with a girl under 13 after Deputy Judge Morley ruled that he had no case to answer.

But the judge ruled that the accused had a case to answer on three lesser counts of indecent assault.

In his judgment, the judge found the defendant guilty of five charges - four counts of indecent assault and a count of having sex with a girl under 13.

Defence counsel Kevin Egan said his client would appeal against the convictions.

Mr Egan submitted that his client had been deprived of the fundamental right of trial by jury in the High Court as a result of a blunder by the Legal Department.

Instead of facing four charges of having sex with a girl under 13, Mr Egan said the defendant should have been charged with three counts of forcible buggery and a count of rape, because of claims made by the girl in her statement.

Mr Egan said the court could not substitute forcible buggery for the charge of having sex with a girl under 13, since the former could only be tried in the High Court.

Earlier in his final submission, Mr Egan warned the court about the possibility of collusion between the mother and the victim.

Although the mother under cross-examination had denied having incited her elder daughter to give false evidence against the defendant, Mr Egan submitted that she might have done so from a motive of revenge.

In his judgment, Deputy Judge Morley found the victim, who is now 14, and her mother, truthful witnesses.

The court heard that the girl's mother separated from her husband in 1988 and later received legal custody of the victim and her younger sister.

In 1989, the girl's mother became acquainted with the defendant, and he later moved into her flat in Kowloon.

It was the Crown's case that the defendant first had sex with the girl in her bedroom on December 21, 1991 - two months after the girl's parents were divorced.

The prosecution alleged the defendant also had sex with the girl on three other occasions between December 24, 1991 and January 1, 1992.

The court heard that the defendant also indecently assaulted the girl in her room shortly after midnight on January 25, 1992.

The prosecution said the girl's mother became suspicious when the defendant returned to their room after the incident.

She later confronted him about having sex with her elder daughter. He then left the flat without saying a word, the court heard.