由此
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A
B
begging a favour, an element of importuning, an element even of
asking, then there has been no soliciting here by the appellant
because there was a prior agreement. Once there was a prior
continuing agreement, there was no need to beg a favour, to ask
or to importune. Accordingly, I would find that there was no
soliciting.”
C
D
B
C
D
E
E
21.
F
A
The court in Ollerenshaw recognised that on the facts the
invitation to the car was part of the consummation of the agreed sexual
intercourse. That situation was significantly different from the instant case
G
F
G
where the Appellant either continued, or renewed, actual solicitation.
H
H
I
22.
Sections 1 and 2 of the Sexual Offences Act 1985 are very
I
different from s.147(1) because they require, (as s.147 does not), that the
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K
elements of persistence and importuning be established; it is also gender
specific. Section 147 is designed to be wide-ranging and flexible in its
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K
application and thus it is not necessarily helpful to rely on English case law,
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M
N
O
particularly when those charges have more specific requirements, or
narrower parameters than s.147.
23.
Mr Poon argued that because the Appellant’s advertisement
and the initial arrangements had been made online there was no need for
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M
N
O
any further solicitation by the Appellant – all that needed to be done on the
P
Q
day of the meeting was to confirm the details of an arrangement that was
already concluded. He also submitted that, in effect, the Appellant was
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Q
being charged with soliciting online.
R
R
S
24.
I cannot agree with Mr Poon. First, the Appellant was not
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charged with soliciting on the Internet. She was charged with soliciting at
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the MTR exit. Further, there was no binding contract entered into which
T
U
U
V
V
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