由此 - 14 A A No. 127 of 2004 (David Michael Briggs) [2005] 2 Cr. App. Rep. (S.) 74 at B B page 469 (which was cited with approval by this Court (differently C constituted) in Secretary for Justice v Chung Yui Hung [2007] 2 C HKLRD 771) equally applicable here: D D “… One of the perils of the misuse of the internet by an older man was that he could groom an immature girl into believing that she was more mature than she was, and to give her the false confidence that she could behave and should be treated as if she were an adult. The internet was now widely available for all sorts of innocent, valuable and educational purposes. Its misuse by older men to seek and find and then groom girls who were vulnerable and immature, should be deterred. The Court agreed with the observation in Attorney General’s Refrerence No. 39 of 2003 (Michael Anthony Wheeler) [2004] 1 Cr. App.Rep.(S.) 79 (p.468), that it was an area in which the Court needed to deliver a clear message of disapproval.” E F G H I J E F G H I 47. The applicant not only obtained naked photographs of this J 12-year-old, he later threatened her with the publication of those K K photographs and succeeded in getting her to meet up with him, whereby he L M N O satisfied his own sexual gratification by indecently assaulting Miss X in a gross fashion. He then repeated the same conduct one year later. 48. For the offence of indecent assault, the act could range from a relatively minor touch to an act short of an attempted rape. L M N It is necessary O to look at all the circumstances to decide what is the appropriate sentence, P Q bearing in mind the need to protect the young and the vulnerable from such transgressions, the need to deter others and the need to redress the P Q grievances suffered by the victim and his/her family. R S R 49. The acts involved in both indecent assault charges are very S serious, particularly when there was an additional act of similated sex T involved in the 5th charge. A starting point of 2 years was, in our view, T U U V V

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