HKSAR v. Correa Palacios Milton Cesar

DCCC 275 & 432/2013

(Consolidated)

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NOS 275 & 432 OF 2013 (CONS)

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to four charges. The 1st and 2nd charge relate to burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance; the 3rd charge relates to fraud, contrary to section 16A of the Theft Ordinance; and the 4th charge is one of a breach of condition of stay, contrary to section 41 of the Immigration Ordinance, Cap.115.

2.Defendant, you are a Colombian national who arrived as a visitor in Hong Kong on 12 October 2012.  You were granted permission to stay for seven days until 19 October 2012.  You overstayed your permit.  Eventually you were arrested on 1 January 2013.  You had overstayed for approximately 14 weeks, which is the subject matter of Charge 4.

3.During your period of overstaying in Hong Kong you committed three crimes.  Those were the burglaries in the 1st and 2nd charge and a fraud involving the use of a credit card.

4.On 14 December you burgled a home in Tai Hang Tsz Tong Tsuen in Tai Po and you stole two rings, a tablet computer, an i-Phone, a mobile phone and cash of $300.  The total value of the stolen properties was HK$20,500.

5.Approximately 2 weeks or so later on 31 December, that is on New Year’s Eve, you burgled another premises at Tseung Kwan O.  From those premises you stole a bag, four credit cards, one game player, three notebook computers, a tablet computer, nine watches, a digital camera, two driving licences, a photo, cash of HK$25,650, 10,000 renminbi, some other foreign currencies, ornaments and jewellery.  The value of the properties stolen there was in the amount of HK$219,190.

6.Shortly after you burgled the house in Tseung Kwan O you went frolicking in Lan Kwai Fong at a bar and used one of the stolen credit cards at the bar.  You made purchases with that credit card belonging to the victim of the burglary to the amount of $1,951. 

7.Quite fortunately, when the victim reported loss of the credit card, the credit card company told him that his card had already been used that very morning.  Acting on this information, the police went to the bar called La Bodega and you were obviously still out partying your New Year’s Day activities were quite fortunately located.  

8.At about 5.20 am the staff at the bar pointed out to the police that you were the person who used the credit card and on your person was found the card and the credit card slip of payment made.  Found in your possession was other stolen property from the Tseung Kwan O burglary.  These were a Rolex watch, some ornaments, jewelleries and foreign currency.

9.The police then took you back to your residential address in North Point.  Further stolen properties from the Tai Po burglary and the Tseung Kwan O burglary were found and seized.  They included the tablet computer in the Tai Po burglary, watches and computers together with the victim and his wife’s driving licence, which so obviously decisively inferred that this was their property.

10.You were then immediately remanded in gaol custody and some three days later, on 4 January, whilst in CSD custody at Lai Chi Kok, an officer seized a diamond ring from your excrement which belonged to the victim in the second burglary, that is the Tseung Kwan O burglary,.

11.It transpired that the recovered stolen property from the Tai Po property was valued at $2,000 and the unrecovered stolen properties was still valued at $18,500.  Regarding the Tseung Kwan O burglary, the recovered property was valued at $134,015, which left the remaining unrecovered properties at $85,175.

12.When you were interviewed by the police you denied all the offences and put the blame on another person called Jason and/or told the officers that you had purchased the computers from a beggar.

13.An Octopus card found in your possession showed that you had used the Octopus card to go to the areas of the first and second burglaries on the dates in question.

14.Defendant, your solicitor, Mr Herman Hui, has mitigated fully and thoroughly on your behalf today before me.  I have also received a letter written to me by you, which I have taken into consideration.

15.You are 32 years of age and have a clear record. You are married and have a daughter aged 9.  You have attained university education in Colombia in computer and technology engineering.  Prior to you coming to Hong Kong you operated a computer and mobile phone repairs shop.  Mr Hui informed me that you came to Hong Kong to look for business opportunities in China and Hong Kong but you were unsuccessful in your attempts of any business. 

16.I am informed by Mr Hui, which I am not sure I fully understand, that you deliberately stayed on in Hong Kong as you were afraid to return to Colombia as the Mafia were threatening to kill you because while in Colombia you were trying to convert the Mafia triad members to religion.

17.Mr Hui has rightly pointed out the tariff for domestic burglary is that of 3 years’ imprisonment after trial,  He has also correctly pointed out using somebody’s credit card fraudulently attracts a sentence of about 3 years’ imprisonment.

18.Defendant the offences you have committed in Hong Kong are very serious.  You deliberately overstayed in Hong Kong when you knew you had no opportunity to work, in addition you resorted to committing crimes to provide for yourself. 

19.As you rightly say in your letter, you have gravely affected those two families by burgling their premises. 

20.The value of properties in the Tseung Kwan O burglary was very high indeed.  It appears to me that on interception by the police you were quick, or at least tried to hide some of the stolen property for example by swallowing the diamond ring. You deliberately lied to the police when you were caught to try and evade your wrongdoing. 

21.These acts do not appear to be one of a person who is new to this type of offending.  You however are a person with clear record.  Most importantly, you have pleaded guilty, saved the court’s time, and shown your remorse.  For this you will be entitled to the full one-third discount.

22.Defendant, taking into account the principle of totality, had I convicted you after trial for all these offences I would have taken a starting point of 4 years’ imprisonment.  Giving you credit for your plea of guilty, you will be sentenced to 2 years and 8 months’ imprisonment.

23.I now will sentence you individually on each charge which will make a total of 2 years and 8 months’ imprisonment.

24.On Charges 1 and 2, the starting point would have been 3 years’ imprisonment, reduced to 2 years on your plea of guilty.

25.On Charge 3, a starting point of 3 years, reduced to 2 years on your plea of guilty.

26.On Charge 4, 14 days’ imprisonment.

27.Four months of Charges 2 and 3 are to run consecutive to Charge 1, all the remaining terms to run concurrent to each other, which makes a term of 2 years and 8 months’ imprisonment.