DCCC432/2013 HKSAR v. CORREA PALACIOS MILTON CESAR - LawHero
DCCC432/2013
HKSAR v. CORREA PALACIOS MILTON CESAR
區域法院（刑事）HH Judge S D’Almada Remedios5/6/2013
合併案件：DCCC275/2013DCCC432/2013
DCCC432/2013
A A
DCCC 275 & 432/2013
(Consolidated)
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NOS 275 & 432 OF 2013 (CONS) C
D
---------------------- D
HKSAR
E E
v
F Correa Palacios Milton Cesar F
G ---------------------- G
Before: HH Judge S D’Almada Remedios
H Date: 6 June 2013 at 3.26 pm H
Present: Mr Vincent Lee, PP, of the Department of Justice, for
HKSAR
I Mr Herman H M Hui, of Herman H M Hui & Co, assigned by I
the Director of Legal Aid, for the defendant
J Offence: (1) - (2) Burglary (入屋犯法罪) J
(3) Fraud (欺詐罪)
(4) Breach of condition of stay (違反逗留條件)
K K
---------------------
L L
Reasons for Sentence
M --------------------- M
N N
1. Defendant, you have pleaded guilty to four charges.
The 1st and 2nd charge relate to burglary, contrary to section
O O
11(1)(b) and (4) of the Theft Ordinance; the 3rd charge relates
P to fraud, contrary to section 16A of the Theft Ordinance; and P
the 4th charge is one of a breach of condition of stay, contrary
Q to section 41 of the Immigration Ordinance, Cap.115. Q
R R
2. Defendant, you are a Colombian national who arrived as
a visitor in Hong Kong on 12 October 2012. You were granted
S S
permission to stay for seven days until 19 October 2012. You
T overstayed your permit. Eventually you were arrested on T
1 January 2013. You had overstayed for approximately 14 weeks,
U which is the subject matter of Charge 4. U
CRT33/6.6.2013/LT 1 DCCC 275&432/2013(Cons)/Sentence
V V
A A
3. During your period of overstaying in Hong Kong you
B B
committed three crimes. Those were the burglaries in the 1st and
C 2nd charge and a fraud involving the use of a credit card. C
D 4. On 14 December you burgled a home in Tai Hang Tsz Tong D
Tsuen in Tai Po and you stole two rings, a tablet computer, an
E E
i-Phone, a mobile phone and cash of $300. The total value of the
stolen properties was HK$20,500.
F F
G 5. Approximately 2 weeks or so later on 31 December, that G
is on New Year’s Eve, you burgled another premises at Tseung
H Kwan O. From those premises you stole a bag, four credit cards, H
one game player, three notebook computers, a tablet computer,
I I
nine watches, a digital camera, two driving licences, a photo,
cash of HK$25,650, 10,000 renminbi, some other foreign
J J
currencies, ornaments and jewellery. The value of the properties
K
stolen there was in the amount of HK$219,190. K
L 6. Shortly after you burgled the house in Tseung Kwan O L
you went frolicking in Lan Kwai Fong at a bar and used one of
M the stolen credit cards at the bar. You made purchases with that M
credit card belonging to the victim of the burglary to the
N N
amount of $1,951.
O O
7. Quite fortunately, when the victim reported loss of
P the credit card, the credit card company told him that his card P
had already been used that very morning. Acting on this
Q information, the police went to the bar called La Bodega and you Q
were obviously still out partying your New Year’s Day activities
R R
were quite fortunately located.
S S
8. At about 5.20 am the staff at the bar pointed out to
T the police that you were the person who used the credit card and T
on your person was found the card and the credit card slip of
U payment made. Found in your possession was other stolen property U
CRT33/6.6.2013/LT 2 DCCC 275&432/2013(Cons)/Sentence
V V
A A
from the Tseung Kwan O burglary. These were a Rolex watch, some
ornaments, jewelleries and foreign currency.
B B
C 9. The police then took you back to your residential C
address in North Point. Further stolen properties from the Tai
D Po burglary and the Tseung Kwan O burglary were found and D
seized. They included the tablet computer in the Tai Po
E E
burglary, watches and computers together with the victim and his
wife’s driving licence, which so obviously decisively inferred
F F
that this was their property.
G G
10. You were then immediately remanded in gaol custody and
H some three days later, on 4 January, whilst in CSD custody at H
Lai Chi Kok, an officer seized a diamond ring from your
I I
excrement which belonged to the victim in the second burglary,
that is the Tseung Kwan O burglary,.
J J
K
11. It transpired that the recovered stolen property from K
the Tai Po property was valued at $2,000 and the unrecovered
L stolen properties was still valued at $18,500. Regarding the L
Tseung Kwan O burglary, the recovered property was valued at
M $134,015, which left the remaining unrecovered properties at M
$85,175.
N N
12. When you were interviewed by the police you denied all
O O
the offences and put the blame on another person called Jason
P and/or told the officers that you had purchased the computers P
from a beggar.
Q Q
13. An Octopus card found in your possession showed that
R R
you had used the Octopus card to go to the areas of the first
and second burglaries on the dates in question.
S S
T 14. Defendant, your solicitor, Mr Herman Hui, has T
mitigated fully and thoroughly on your behalf today before me. I
U U
CRT33/6.6.2013/LT 3 DCCC 275&432/2013(Cons)/Sentence
V V
A A
have also received a letter written to me by you, which I have
taken into consideration.
B B
C 15. You are 32 years of age and have a clear record. You C
are married and have a daughter aged 9. You have attained
D university education in Colombia in computer and technology D
engineering. Prior to you coming to Hong Kong you operated a
E E
computer and mobile phone repairs shop. Mr Hui informed me that
you came to Hong Kong to look for business opportunities in
F F
China and Hong Kong but you were unsuccessful in your attempts
G of any business. G
H 16. I am informed by Mr Hui, which I am not sure I fully H
understand, that you deliberately stayed on in Hong Kong as you
I I
were afraid to return to Colombia as the Mafia were threatening
to kill you because while in Colombia you were trying to convert
J J
the Mafia triad members to religion.
K K
17. Mr Hui has rightly pointed out the tariff for domestic
L burglary is that of 3 years’ imprisonment after trial, He has L
also correctly pointed out using somebody’s credit card
M fraudulently attracts a sentence of about 3 years’ imprisonment. M
N N
18. Defendant the offences you have committed in Hong Kong
are very serious. You deliberately overstayed in Hong Kong when
O O
you knew you had no opportunity to work, in addition you
P resorted to committing crimes to provide for yourself. P
Q 19. As you rightly say in your letter, you have gravely Q
affected those two families by burgling their premises.
R R
20. The value of properties in the Tseung Kwan O burglary
S S
was very high indeed. It appears to me that on interception by
T the police you were quick, or at least tried to hide some of the T
stolen property for example by swallowing the diamond ring. You
U U
CRT33/6.6.2013/LT 4 DCCC 275&432/2013(Cons)/Sentence
V V
A A
deliberately lied to the police when you were caught to try and
evade your wrongdoing.
B B
C 21. These acts do not appear to be one of a person who is C
new to this type of offending. You however are a person with
D clear record. Most importantly, you have pleaded guilty, saved D
the court’s time, and shown your remorse. For this you will be
E E
entitled to the full one-third discount.
F F
22. Defendant, taking into account the principle of
G totality, had I convicted you after trial for all these offences G
I would have taken a starting point of 4 years’ imprisonment.
H Giving you credit for your plea of guilty, you will be sentenced H
to 2 years and 8 months’ imprisonment.
I I
23. I now will sentence you individually on each charge
J J
which will make a total of 2 years and 8 months’ imprisonment.
K K
24. On Charges 1 and 2, the starting point would have been
L 3 years’ imprisonment, reduced to 2 years on your plea of L
guilty.
M M
25. On Charge 3, a starting point of 3 years, reduced to 2
N N
years on your plea of guilty.
O O
26. On Charge 4, 14 days’ imprisonment.
P P
27. Four months of Charges 2 and 3 are to run consecutive
Q to Charge 1, all the remaining terms to run concurrent to each Q
other, which makes a term of 2 years and 8 months’ imprisonment.
R R
S S
T T
U
(S. D’Almada Remedios) U
District Judge
CRT33/6.6.2013/LT 5 DCCC 275&432/2013(Cons)/Sentence
V V
A A
DCCC 275 & 432/2013
(Consolidated)
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NOS 275 & 432 OF 2013 (CONS) C
D
---------------------- D
HKSAR
E E
v
F Correa Palacios Milton Cesar F
G ---------------------- G
Before: HH Judge S D’Almada Remedios
H Date: 6 June 2013 at 3.26 pm H
Present: Mr Vincent Lee, PP, of the Department of Justice, for
HKSAR
I Mr Herman H M Hui, of Herman H M Hui & Co, assigned by I
the Director of Legal Aid, for the defendant
J Offence: (1) - (2) Burglary (入屋犯法罪) J
(3) Fraud (欺詐罪)
(4) Breach of condition of stay (違反逗留條件)
K K
---------------------
L L
Reasons for Sentence
M --------------------- M
N N
1. Defendant, you have pleaded guilty to four charges.
The 1st and 2nd charge relate to burglary, contrary to section
O O
11(1)(b) and (4) of the Theft Ordinance; the 3rd charge relates
P to fraud, contrary to section 16A of the Theft Ordinance; and P
the 4th charge is one of a breach of condition of stay, contrary
Q to section 41 of the Immigration Ordinance, Cap.115. Q
R R
2. Defendant, you are a Colombian national who arrived as
a visitor in Hong Kong on 12 October 2012. You were granted
S S
permission to stay for seven days until 19 October 2012. You
T overstayed your permit. Eventually you were arrested on T
1 January 2013. You had overstayed for approximately 14 weeks,
U which is the subject matter of Charge 4. U
CRT33/6.6.2013/LT 1 DCCC 275&432/2013(Cons)/Sentence
V V
A A
3. During your period of overstaying in Hong Kong you
B B
committed three crimes. Those were the burglaries in the 1st and
C 2nd charge and a fraud involving the use of a credit card. C
D 4. On 14 December you burgled a home in Tai Hang Tsz Tong D
Tsuen in Tai Po and you stole two rings, a tablet computer, an
E E
i-Phone, a mobile phone and cash of $300. The total value of the
stolen properties was HK$20,500.
F F
G 5. Approximately 2 weeks or so later on 31 December, that G
is on New Year’s Eve, you burgled another premises at Tseung
H Kwan O. From those premises you stole a bag, four credit cards, H
one game player, three notebook computers, a tablet computer,
I I
nine watches, a digital camera, two driving licences, a photo,
cash of HK$25,650, 10,000 renminbi, some other foreign
J J
currencies, ornaments and jewellery. The value of the properties
K
stolen there was in the amount of HK$219,190. K
L 6. Shortly after you burgled the house in Tseung Kwan O L
you went frolicking in Lan Kwai Fong at a bar and used one of
M the stolen credit cards at the bar. You made purchases with that M
credit card belonging to the victim of the burglary to the
N N
amount of $1,951.
O O
7. Quite fortunately, when the victim reported loss of
P the credit card, the credit card company told him that his card P
had already been used that very morning. Acting on this
Q information, the police went to the bar called La Bodega and you Q
were obviously still out partying your New Year’s Day activities
R R
were quite fortunately located.
S S
8. At about 5.20 am the staff at the bar pointed out to
T the police that you were the person who used the credit card and T
on your person was found the card and the credit card slip of
U payment made. Found in your possession was other stolen property U
CRT33/6.6.2013/LT 2 DCCC 275&432/2013(Cons)/Sentence
V V
A A
from the Tseung Kwan O burglary. These were a Rolex watch, some
ornaments, jewelleries and foreign currency.
B B
C 9. The police then took you back to your residential C
address in North Point. Further stolen properties from the Tai
D Po burglary and the Tseung Kwan O burglary were found and D
seized. They included the tablet computer in the Tai Po
E E
burglary, watches and computers together with the victim and his
wife’s driving licence, which so obviously decisively inferred
F F
that this was their property.
G G
10. You were then immediately remanded in gaol custody and
H some three days later, on 4 January, whilst in CSD custody at H
Lai Chi Kok, an officer seized a diamond ring from your
I I
excrement which belonged to the victim in the second burglary,
that is the Tseung Kwan O burglary,.
J J
K
11. It transpired that the recovered stolen property from K
the Tai Po property was valued at $2,000 and the unrecovered
L stolen properties was still valued at $18,500. Regarding the L
Tseung Kwan O burglary, the recovered property was valued at
M $134,015, which left the remaining unrecovered properties at M
$85,175.
N N
12. When you were interviewed by the police you denied all
O O
the offences and put the blame on another person called Jason
P and/or told the officers that you had purchased the computers P
from a beggar.
Q Q
13. An Octopus card found in your possession showed that
R R
you had used the Octopus card to go to the areas of the first
and second burglaries on the dates in question.
S S
T 14. Defendant, your solicitor, Mr Herman Hui, has T
mitigated fully and thoroughly on your behalf today before me. I
U U
CRT33/6.6.2013/LT 3 DCCC 275&432/2013(Cons)/Sentence
V V
A A
have also received a letter written to me by you, which I have
taken into consideration.
B B
C 15. You are 32 years of age and have a clear record. You C
are married and have a daughter aged 9. You have attained
D university education in Colombia in computer and technology D
engineering. Prior to you coming to Hong Kong you operated a
E E
computer and mobile phone repairs shop. Mr Hui informed me that
you came to Hong Kong to look for business opportunities in
F F
China and Hong Kong but you were unsuccessful in your attempts
G of any business. G
H 16. I am informed by Mr Hui, which I am not sure I fully H
understand, that you deliberately stayed on in Hong Kong as you
I I
were afraid to return to Colombia as the Mafia were threatening
to kill you because while in Colombia you were trying to convert
J J
the Mafia triad members to religion.
K K
17. Mr Hui has rightly pointed out the tariff for domestic
L burglary is that of 3 years’ imprisonment after trial, He has L
also correctly pointed out using somebody’s credit card
M fraudulently attracts a sentence of about 3 years’ imprisonment. M
N N
18. Defendant the offences you have committed in Hong Kong
are very serious. You deliberately overstayed in Hong Kong when
O O
you knew you had no opportunity to work, in addition you
P resorted to committing crimes to provide for yourself. P
Q 19. As you rightly say in your letter, you have gravely Q
affected those two families by burgling their premises.
R R
20. The value of properties in the Tseung Kwan O burglary
S S
was very high indeed. It appears to me that on interception by
T the police you were quick, or at least tried to hide some of the T
stolen property for example by swallowing the diamond ring. You
U U
CRT33/6.6.2013/LT 4 DCCC 275&432/2013(Cons)/Sentence
V V
A A
deliberately lied to the police when you were caught to try and
evade your wrongdoing.
B B
C 21. These acts do not appear to be one of a person who is C
new to this type of offending. You however are a person with
D clear record. Most importantly, you have pleaded guilty, saved D
the court’s time, and shown your remorse. For this you will be
E E
entitled to the full one-third discount.
F F
22. Defendant, taking into account the principle of
G totality, had I convicted you after trial for all these offences G
I would have taken a starting point of 4 years’ imprisonment.
H Giving you credit for your plea of guilty, you will be sentenced H
to 2 years and 8 months’ imprisonment.
I I
23. I now will sentence you individually on each charge
J J
which will make a total of 2 years and 8 months’ imprisonment.
K K
24. On Charges 1 and 2, the starting point would have been
L 3 years’ imprisonment, reduced to 2 years on your plea of L
guilty.
M M
25. On Charge 3, a starting point of 3 years, reduced to 2
N N
years on your plea of guilty.
O O
26. On Charge 4, 14 days’ imprisonment.
P P
27. Four months of Charges 2 and 3 are to run consecutive
Q to Charge 1, all the remaining terms to run concurrent to each Q
other, which makes a term of 2 years and 8 months’ imprisonment.
R R
S S
T T
U
(S. D’Almada Remedios) U
District Judge
CRT33/6.6.2013/LT 5 DCCC 275&432/2013(Cons)/Sentence
V V