由此
- 13 A
A
Grounds for appeal against sentence
B
B
42.
C
D
The only ground of appeal was that the total sentence of
C
5 years was manifestly excessive. In support of this ground
Mr McGowan relied on the applicant’s “excellent background”, his
D
previous clear record and his “positive good character”, submitting that the
E
E
judge had not taken these matters sufficiently into account.
F
F
43.
G
H
The applicant is now aged 33.
He held a Bachelor’s degree
in Finance from a local university and he worked as a sales manager in a
big motor company, earning $500,000 to $600,000 per annum.
prospects at work were said to be promising.
His
G
H
He is married with an infant
I
I
son. According to his family, the applicant was a filial son, a caring
J
husband and the major breadwinner of the family.
The applicant also
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worked as a volunteer to help mentally-retarded children.
K
L
K
44.
As the judge said when he sentenced the applicant, as far as
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the applicant was concerned, this was a “spectacular fall from grace”.
M
N
M
45.
This is a serious case. From the evidence accepted by the
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judge, clearly the applicant was grooming a 12-year-old via the internet.
O
P
He talked with her about daily matters before progressing to introducing
matters of a sexual nature to this young girl.
It is far too easy for an older
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P
man to prey on the innocence and/or naivety of a youngster and a deterrent
Q
Q
sentence must be imposed to protect the young.
R
R
46.
Although this case does not involve a person having unlawful
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sexual intercourse with an underaged girl, we found the sentiments
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expressed by the English Court of Appeal in Attorney General’s Reference
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T
U
U
V
V
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