DCCC1012/2012 HKSAR v. AVELLANEDA DULCE TAMPUS AND OTHERS - LawHero
DCCC1012/2012
區域法院（刑事）Deputy District Judge Longley14/2/2013
DCCC1012/2012
A A
DCCC 1012/2012
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1012 OF 2012
C C
----------------------
D D
HKSAR
E v E
Avellaneda Dulce Tampus (D1)
F Enriquez Jean Tan (D2) F
Villanueva Angel Rafanan (D3)
G G
----------------------
H Before: Deputy District Judge Longley H
Date: 15 February 2013 at 12.33 pm
Present: Mr Ho Chun-lui, Counsel on fiat, for HKSAR
I Mr Wong Tat-ming, Christopher, instructed by Cheung & I
Yip, assigned by the Director of Legal Aid, for the
J 1st defendant J
Mr Fung Sik-yue, of S Y Fung, Solicitors, assigned by
the Director of Legal Aid, for the 2nd defendant
K Mr Lam Hon-wan, Nelson, instructed by Tai, Tang & K
Chong, assigned by the Director of Legal Aid, for the
3rd defendant
L L
Offence: (1) Burglary (入屋犯法罪)
(2) Handling stolen goods (處理贓物罪)
M (3) Breach of condition of stay (違反逗留條件) M
(4) Resisting a police officer in the due execution of
N his duty (抗拒正當執行職務的警務人員) N
---------------------
O O
Reasons for Sentence
P P
---------------------
Q Q
1. Jean Tan Enriquez, the 2nd defendant, and Angel
R Rafanan Villanueva, the 3rd defendant, you both pleaded guilty R
to the charge of burglary which is Charge 1 on the charge sheet.
S S
2. That burglary took place at the home of Miss Juliet
T Balicao in Hennessy Road, Causeway Bay, on the evening of 20 T
August last year. Miss Balicao was a person who was known to
U U
you, Jean Tan Enriquez.
CRT20/15.2.2013/SY 1 DCCC 1012/2012/Sentence
V V
A A
3. Miss Balicao ran a domestic helper agency and in the
B B
afternoon of that day she locked up her home and went to work.
C You both took advantage of her absence to prise open the door of C
her home and steal a substantial quantity of jewellery, a coin
D bag and $6,000 in cash. D
E E
4. The jewellery consisted of 11 wrist chains, 4
necklaces, 16 rings, 3 watches, 8 earrings, 2 pairs of earrings,
F F
5 pendants and 3 bracelets. The total value of the stolen
G jewellery was just under $150,000. While most of the items have G
fortunately been recovered after your arrest, cash of $6,000 and
H goods worth $24,100 still have not been recovered. H
I I
5. A number of stolen items were pawned and, as a result
of an agreement with the pawnbrokers concerned, Miss Balicao
J J
will have to pay half of the amount for which the items were
K
pawned to recover her goods, so she will have to pay $15,200. K
Obviously, therefore, Miss Balicao has suffered substantial loss
L as a result of this offence. L
M 6. I bear in mind that this was a burglary committed in M
the daytime and nobody was present in the premises at that time.
N N
However, burglary of domestic premises is always a serious
offence. It is not merely an offence against property but a
O O
violation of somebody else’s private home.
P P
7. As I am sure you have been told by your legal
Q representatives, the normal starting point for burglary in Q
domestic premises is 3 years’ imprisonment and that is the
R R
starting point I adopt in this case.
S S
8. In your case, Angel Rafanan Villanueva, I have
T listened to all that your counsel, Mr Lam, has said on your T
behalf and, in particular, what he has told me about your family
U circumstances. U
CRT20/15.2.2013/SY 2 DCCC 1012/2012/Sentence
V V
A A
9. You are not somebody who can claim to be of previous
B B
good character. You already have a previous conviction for theft
C although the sentence would indicate that it cannot have been a C
particularly serious offence.
D D
10. The only real mitigation in your case is your plea of
E E
guilty for which you are entitled to the usual discount of one-
third and that results in a sentence of 2 years’ imprisonment on
F F
Charge 1, and that is the sentence that I pass upon you on that
G charge. G
H 11. You have also pleaded guilty to the offence of H
resisting a police officer in the execution of his duty,
I I
contrary to section 63 of the Police Force Ordinance.
J J
12. At around 9.15 pm on 22 August last year, the police
K
went to a room in Ming Court which is a hotel on the 2nd floor K
of a building in Lockhart Road. They went there after they had
L been told by the 2nd defendant that some of the stolen property L
was there. You were found outside the room and taken inside.
M M
13. When the police attempted to arrest you, you pushed
N N
DPC 1640 away and attempted to flee. The officer and his
colleague tried to subdue you, but you put up a violent
O O
struggle.
P P
14. The DPC suffered multiple abrasions to his right arm,
Q and I have been shown photographs of those injuries. Q
R R
15. This is not the first time that you have assaulted a
police officer. In 1998 you were sentenced to 1 month’s
S S
imprisonment for assaulting a police officer.
T T
16. I am satisfied that this offence warrants a starting
U point of 3 months’ imprisonment which I discount by one-third to U
CRT20/15.2.2013/SY 3 DCCC 1012/2012/Sentence
V V
A A
reflect your plea of guilty resulting in a sentence of 2 months’
imprisonment which I order to run consecutively to the sentence
B B
I impose on Charge 1, so the total sentences passed upon you
C today therefore are 2 years 2 months’ imprisonment. C
D 17. In your case, Jean Tan Enriquez, there are a number of D
mitigating features. Two days after the burglary, on 22 August,
E E
you contacted the victim who was your friend by means of an SMS
message and told her that you wanted to repay money to her. You
F F
came to the meeting with $3,871 on you and 20 of the stolen
G items which you say was the remaining share of the items stolen. G
H 18. I am prepared to accept that you had an attack of H
conscience and were prepared to give Miss Balicao the money and
I I
return those 20 items stolen from her. As it turned out, Miss
Balicao had informed the police and you were arrested before you
J J
had done so. However, you were honest enough to tell the police
K
that there were other stolen items that had been stolen in the K
burglary at Ming Court in Lockhart Road. This led to the
L recovery of 13 other items of jewellery and the arrest of the L
3rd defendant.
M M
19. Bearing in mind your previous good character and those
N N
circumstances, I am prepared to give you a discount of 1 year
from the initial starting point. You have pleaded guilty and are
O O
entitled to a further discount of one-third resulting in a
P sentence of 16 months’ imprisonment on Charge 1. P
Q 20. You have also pleaded guilty to the offence of Q
breaching the conditions of your stay, contrary to section 41 of
R R
the Immigration Ordinance, Cap 115, that is Charge 3.
S S
21. You came to Hong Kong as a domestic helper and after
T the termination of your employment contract, you were permitted T
to stay as a visitor until 8 October 2009. You were granted no
U U
CRT20/15.2.2013/SY 4 DCCC 1012/2012/Sentence
V V
A A
extension. On 20 August 2012 you had overstayed by almost 3
years.
B B
C 22. In my view, the appropriate starting point for this C
offence is 3 months’ imprisonment which I discount by one-third
D to reflect your plea of guilty resulting in a sentence of 2 D
months’ imprisonment, and that is the sentence that I pass on
E E
that charge, Charge 3. I order that sentence to run
consecutively to the sentence on Charge 1 and that means you are
F F
sentenced for a total of 18 months’ imprisonment on both
G charges. G
H 23. You, Dulce Tampus Avellaneda, were convicted by me H
after trial of the offence of handling stolen goods. On the same
I I
evening the burglary occurred, you accompanied the 2nd defendant
to a pawn shop and while she pawned 4 items stolen in the
J J
burglary for $11,500, you pawned a wrist chain stolen in the
K
burglary for $700. K
L 24. I was satisfied that you were fully aware that the L
wrist chain was stolen. I bear in mind that there is no
M suggestion that you had any involvement in or prior knowledge of M
the burglary. I am also prepared to accept that the reason you
N N
committed this offence was to raise money to pay part of the
debt you owed to the victim of the burglary.
O O
P 25. Having heard the evidence in this case, I cannot P
exclude the possibility that you needed money before the victim
Q would release your passport which she was holding as security Q
for your loan.
R R
26. I also bear in mind that you are a person of previous
S S
good character.
T T
27. In my view, the appropriate starting point, bearing in
U mind these factors, is 9 months’ imprisonment. You have shown no U
CRT20/15.2.2013/SY 5 DCCC 1012/2012/Sentence
V V
A A
remorse for what you had done and accordingly are entitled to no
further discount from the starting point. I therefore sentence
B B
you to 9 months’ imprisonment.
C C
D D
E E
P.K.M. Longley
Deputy District Judge
F F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT20/15.2.2013/SY 6 DCCC 1012/2012/Sentence
V V
A A
DCCC 1012/2012
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1012 OF 2012
C C
----------------------
D D
HKSAR
E v E
Avellaneda Dulce Tampus (D1)
F Enriquez Jean Tan (D2) F
Villanueva Angel Rafanan (D3)
G G
----------------------
H Before: Deputy District Judge Longley H
Date: 15 February 2013 at 12.33 pm
Present: Mr Ho Chun-lui, Counsel on fiat, for HKSAR
I Mr Wong Tat-ming, Christopher, instructed by Cheung & I
Yip, assigned by the Director of Legal Aid, for the
J 1st defendant J
Mr Fung Sik-yue, of S Y Fung, Solicitors, assigned by
the Director of Legal Aid, for the 2nd defendant
K Mr Lam Hon-wan, Nelson, instructed by Tai, Tang & K
Chong, assigned by the Director of Legal Aid, for the
3rd defendant
L L
Offence: (1) Burglary (入屋犯法罪)
(2) Handling stolen goods (處理贓物罪)
M (3) Breach of condition of stay (違反逗留條件) M
(4) Resisting a police officer in the due execution of
N his duty (抗拒正當執行職務的警務人員) N
---------------------
O O
Reasons for Sentence
P P
---------------------
Q Q
1. Jean Tan Enriquez, the 2nd defendant, and Angel
R Rafanan Villanueva, the 3rd defendant, you both pleaded guilty R
to the charge of burglary which is Charge 1 on the charge sheet.
S S
2. That burglary took place at the home of Miss Juliet
T Balicao in Hennessy Road, Causeway Bay, on the evening of 20 T
August last year. Miss Balicao was a person who was known to
U U
you, Jean Tan Enriquez.
CRT20/15.2.2013/SY 1 DCCC 1012/2012/Sentence
V V
A A
3. Miss Balicao ran a domestic helper agency and in the
B B
afternoon of that day she locked up her home and went to work.
C You both took advantage of her absence to prise open the door of C
her home and steal a substantial quantity of jewellery, a coin
D bag and $6,000 in cash. D
E E
4. The jewellery consisted of 11 wrist chains, 4
necklaces, 16 rings, 3 watches, 8 earrings, 2 pairs of earrings,
F F
5 pendants and 3 bracelets. The total value of the stolen
G jewellery was just under $150,000. While most of the items have G
fortunately been recovered after your arrest, cash of $6,000 and
H goods worth $24,100 still have not been recovered. H
I I
5. A number of stolen items were pawned and, as a result
of an agreement with the pawnbrokers concerned, Miss Balicao
J J
will have to pay half of the amount for which the items were
K
pawned to recover her goods, so she will have to pay $15,200. K
Obviously, therefore, Miss Balicao has suffered substantial loss
L as a result of this offence. L
M 6. I bear in mind that this was a burglary committed in M
the daytime and nobody was present in the premises at that time.
N N
However, burglary of domestic premises is always a serious
offence. It is not merely an offence against property but a
O O
violation of somebody else’s private home.
P P
7. As I am sure you have been told by your legal
Q representatives, the normal starting point for burglary in Q
domestic premises is 3 years’ imprisonment and that is the
R R
starting point I adopt in this case.
S S
8. In your case, Angel Rafanan Villanueva, I have
T listened to all that your counsel, Mr Lam, has said on your T
behalf and, in particular, what he has told me about your family
U circumstances. U
CRT20/15.2.2013/SY 2 DCCC 1012/2012/Sentence
V V
A A
9. You are not somebody who can claim to be of previous
B B
good character. You already have a previous conviction for theft
C although the sentence would indicate that it cannot have been a C
particularly serious offence.
D D
10. The only real mitigation in your case is your plea of
E E
guilty for which you are entitled to the usual discount of one-
third and that results in a sentence of 2 years’ imprisonment on
F F
Charge 1, and that is the sentence that I pass upon you on that
G charge. G
H 11. You have also pleaded guilty to the offence of H
resisting a police officer in the execution of his duty,
I I
contrary to section 63 of the Police Force Ordinance.
J J
12. At around 9.15 pm on 22 August last year, the police
K
went to a room in Ming Court which is a hotel on the 2nd floor K
of a building in Lockhart Road. They went there after they had
L been told by the 2nd defendant that some of the stolen property L
was there. You were found outside the room and taken inside.
M M
13. When the police attempted to arrest you, you pushed
N N
DPC 1640 away and attempted to flee. The officer and his
colleague tried to subdue you, but you put up a violent
O O
struggle.
P P
14. The DPC suffered multiple abrasions to his right arm,
Q and I have been shown photographs of those injuries. Q
R R
15. This is not the first time that you have assaulted a
police officer. In 1998 you were sentenced to 1 month’s
S S
imprisonment for assaulting a police officer.
T T
16. I am satisfied that this offence warrants a starting
U point of 3 months’ imprisonment which I discount by one-third to U
CRT20/15.2.2013/SY 3 DCCC 1012/2012/Sentence
V V
A A
reflect your plea of guilty resulting in a sentence of 2 months’
imprisonment which I order to run consecutively to the sentence
B B
I impose on Charge 1, so the total sentences passed upon you
C today therefore are 2 years 2 months’ imprisonment. C
D 17. In your case, Jean Tan Enriquez, there are a number of D
mitigating features. Two days after the burglary, on 22 August,
E E
you contacted the victim who was your friend by means of an SMS
message and told her that you wanted to repay money to her. You
F F
came to the meeting with $3,871 on you and 20 of the stolen
G items which you say was the remaining share of the items stolen. G
H 18. I am prepared to accept that you had an attack of H
conscience and were prepared to give Miss Balicao the money and
I I
return those 20 items stolen from her. As it turned out, Miss
Balicao had informed the police and you were arrested before you
J J
had done so. However, you were honest enough to tell the police
K
that there were other stolen items that had been stolen in the K
burglary at Ming Court in Lockhart Road. This led to the
L recovery of 13 other items of jewellery and the arrest of the L
3rd defendant.
M M
19. Bearing in mind your previous good character and those
N N
circumstances, I am prepared to give you a discount of 1 year
from the initial starting point. You have pleaded guilty and are
O O
entitled to a further discount of one-third resulting in a
P sentence of 16 months’ imprisonment on Charge 1. P
Q 20. You have also pleaded guilty to the offence of Q
breaching the conditions of your stay, contrary to section 41 of
R R
the Immigration Ordinance, Cap 115, that is Charge 3.
S S
21. You came to Hong Kong as a domestic helper and after
T the termination of your employment contract, you were permitted T
to stay as a visitor until 8 October 2009. You were granted no
U U
CRT20/15.2.2013/SY 4 DCCC 1012/2012/Sentence
V V
A A
extension. On 20 August 2012 you had overstayed by almost 3
years.
B B
C 22. In my view, the appropriate starting point for this C
offence is 3 months’ imprisonment which I discount by one-third
D to reflect your plea of guilty resulting in a sentence of 2 D
months’ imprisonment, and that is the sentence that I pass on
E E
that charge, Charge 3. I order that sentence to run
consecutively to the sentence on Charge 1 and that means you are
F F
sentenced for a total of 18 months’ imprisonment on both
G charges. G
H 23. You, Dulce Tampus Avellaneda, were convicted by me H
after trial of the offence of handling stolen goods. On the same
I I
evening the burglary occurred, you accompanied the 2nd defendant
to a pawn shop and while she pawned 4 items stolen in the
J J
burglary for $11,500, you pawned a wrist chain stolen in the
K
burglary for $700. K
L 24. I was satisfied that you were fully aware that the L
wrist chain was stolen. I bear in mind that there is no
M suggestion that you had any involvement in or prior knowledge of M
the burglary. I am also prepared to accept that the reason you
N N
committed this offence was to raise money to pay part of the
debt you owed to the victim of the burglary.
O O
P 25. Having heard the evidence in this case, I cannot P
exclude the possibility that you needed money before the victim
Q would release your passport which she was holding as security Q
for your loan.
R R
26. I also bear in mind that you are a person of previous
S S
good character.
T T
27. In my view, the appropriate starting point, bearing in
U mind these factors, is 9 months’ imprisonment. You have shown no U
CRT20/15.2.2013/SY 5 DCCC 1012/2012/Sentence
V V
A A
remorse for what you had done and accordingly are entitled to no
further discount from the starting point. I therefore sentence
B B
you to 9 months’ imprisonment.
C C
D D
E E
P.K.M. Longley
Deputy District Judge
F F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT20/15.2.2013/SY 6 DCCC 1012/2012/Sentence
V V