由此
- 2 A
A
counselling and procuring the making of child pornography (1 st charge);
B
C
D
E
two counts of criminal intimidation (2nd and 4th charges); and two counts of
indecent assault (3rd and 5th charges).
2.
C
The applicant was sentenced to a total of 5 years’
imprisonment for the five charges, as follows:
F
(a)
1st charge—1 year;
(b)
2nd charge—1 year, concurrent with 1st charge;
F
G
(c)
3rd charge—2 years, consecutive to 1st charge;
H
H
(d)
4th charge—1 year, concurrent with 1st and 2nd charges; and
I
I
(e)
th
st
th
5 charge—2 years, consecutive to 1 to 4 charges.
J
L
D
E
G
K
B
J
3.
The appellant sought leave to appeal against both the
convictions and the sentence.
At the end of the hearing we dismissed
K
L
both applications and indicated that we would give our reasons later, which
M
M
we now do.
N
N
Prosecution case
O
O
4.
P
Q
The prosecution case was that the complainant (“Miss X”)
came to know the applicant via the internet in 2003 when she was aged 12
P
and the applicant was a 24-year-old man. The present charges arose from
Q
incidents that took place between 2003 and 2005.
R
R
5.
On a date unknown in 2003, when Miss X was still a
S
S
Primary 6 student, the applicant repeatedly asked Miss X for a naked
T
photograph of herself and Miss X finally complied. Miss X first took one
T
U
U
V
V