HKSAR v. Joppa Mark Andrew also known as Holcomb Cary Thomas

DCCC 1069/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL ACTION NO 1069 OF 2014

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REASONS FOR SENTENCE

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1.The defendant is aged 37 years. He is a US citizen who came to Hong Kong as a dependent visitor of his former wife, with permission to stay up to 7 July 2014.

2.However, he overstayed until 26 July 2014 when he was arrested for the attempted robbery (Charge 1) of which he is acquitted today.  The period of overstaying is therefore a bit less than three weeks. 

3.After he was arrested for the present case, he was remanded on bail to appear at Kowloon City Magistracy on 10 November 2014. He failed to do so.  He was rearrested on 15 November 2014 for a shop theft, to which he was later sentenced to 1 day’s imprisonment.

4.The defendant’s wife has left him and returned to the States. 

5.As regards Charge 2, I take into account the relatively short period of overstaying and that there was no evidence that the defendant had taken up any appointment during the period.  I adopt a starting point of 6 days’ imprisonment, reduced to 4 days for his plea.

6.As regards Charge 3, which is more serious, there is an aggravating factor that the defendant committed a further offence after he had failed to surrender to court as required.  I adopt a starting point of 90 days’ imprisonment, reduced to 60 days for his plea.

7.I order that both sentences to run consecutively, making a total sentence of 64 days.

8.I note that the defendant has been in custody for the present case ever since 17 November 2014, which is more than 7 months by now.  Pursuant to Section 67A of the Criminal Procedure Ordinance, Cap 221, the defendant is entitled to be released immediately, after completing certain formalities with the Correctional Services Department.

9.The defendant is advised to report to the Immigration Department today or else he risks committing yet another offence of overstaying.