DCCC798/2013 HKSAR v. EMMANUEL TRINIDAD DOMINGO AND OTHERS - LawHero
DCCC798/2013
HKSAR v. EMMANUEL TRINIDAD DOMINGO AND OTHERS
區域法院（刑事）HH Judge Tallentire24/10/2013
DCCC798/2013
A A
DCCC 798/2013
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO 798 OF 2013 C
D
---------------------- D
HKSAR
E E
v
F Emmanuel Trinidad DOMINGO F
also known as
G Angel S CABALZA, G
Antonio J TUBON,
Jimmy L De VERA,
H Jaime De Vera LANSANGAN, H
Roberto Salome RAZON,
Jimmy Legarda DABUET,
I Rodolfo Jr Bamba PATRIARCA I
and
J Nino Danilo De Leon PARIAL J
----------------------
K K
Before: HH Judge Tallentire
Date: 25 October 2013 at 3.21 pm
L L
Present: Ms Mickey Fung, SPP of the Department of Justice, for
HKSAR
M Mr Amirali Bakirali Nasir, of Nasirs, assigned by the M
Director of Legal Aid, for the defendant
Offence: (1) to (7) Breach of deportation order (違反遞解離境令)
N (8) Theft (盜竊罪) N
O --------------------- O
Reasons for Sentence
P P
---------------------
Q Q
1. Defendant, you have pleaded guilty to seven offences
of breach of a deportation order, contrary to section 43(1)(a)
R R
of the Immigration Ordinance, Cap. 115, and to a single offence
S of theft, contrary to section 9 of the Theft Ordinance, S
Cap. 210. You admitted the brief facts and I convicted you.
T What occurred is this:- T
U U
CRT31/25.10.2013/ES 1 DCCC 798/2013/Sentence
V V
A A
2. In respect of charge 8 first, just after 2 pm on
16 July last, Mr Zhang Dong, PW1, and Mr Li Yanzhong, PW2, were
B B
about to cross the road at the junction of Percival Street and
C Hennessy Road, Causeway Bay. You were holding an umbrella and C
you went close to PW1. PW1 found his bag opened and wallet
D missing. They intercepted you and found the wallet in your right D
front trousers pocket. That wallet contained HK$2,693,
E E
RMB1,818.80, two Octopus cards and five bank cards. You were
arrested by a police officer and in an interview under caution
F F
subsequently admitted stealing the wallet.
G G
Charges 1 to 7, being breach of deportation order
H H
3. A deportation order was issued on 11 May 1988 against
I I
you when you were then known as Angel S Cabalza, also known as
Antonio J Tubon. The order was served on you and explained to
J J
you on 7 June 1988 and is still in force. You were then deported
K
to the Philippines on 1 July 1988. You have eight different K
names known to Hong Kong Immigration Department. In the
L Philippines, you obtained a new and genuine passport from the L
Philippine authorities on 28 June 2012 in the new name of
M Emmanuel Trinidad Domingo, a name which is not known to the M
Immigration Department here. You used that new passport to enter
N N
Hong Kong on seven different occasions and leave on six
occasions. Those are the dates referred to in the charges.
O O
P 4. On arrest and caution, you confirmed that you P
understood the deportation order. You admitted to 12 previous
Q convictions on seven occasions. These included five breach of Q
deportation orders and seven offences of dishonesty.
R R
5. Ms Fung on behalf of prosecution placed before me the
S S
case of HKSAR v Bui Van Khai CA Cr App 173/2012. In that case a
T starting point of 3 years reduced to 2 years for a plea of T
guilty was approved of for breach of deportation order.
U U
CRT31/25.10.2013/ES 2 DCCC 798/2013/Sentence
V V
A A
6. Mr Nasir then entered mitigation on your behalf. I am
very obliged to him for that it is very helpful when it is
B B
written form as this was. Whilst the full text is placed on
C file, I shall summarise what is said therein for the record. Mr C
Nasir made the point that from the outset you were cooperative
D from the time of your arrest, making full and frank admissions D
from the outset. You indicated at the first available
E E
opportunity your intention to plead guilty before the court. He
submitted the court should not enhance sentence for each
F F
succeeding offence as it does not thereby become more serious.
G In support of that proposition, he submitted to me the case of G
HKSAR v Joned Asri CA Cr App 345/2012. In that case, the learned
H Judge had taken a rather complicated approach and the original H
sentence of 59 months was eventually reduced to some 33 months
I I
for a number of offences.
J J
7. The 8th offence to which you have pleaded guilty is
K
the one of theft by pickpocketing. Mr Nasir submitted that there K
were no aggravating features. He reminded that for a first-time
L offender the starting point is 12 to 15 months and he submitted L
this should be run concurrently with the sentences imposed in
M respect of the breaches of deportation order. M
N N
8. He then referred me to your personal circumstances.
You are 58 years of age and a taxi driver by occupation in the
O O
Philippines with a modest income. You are a widower, you have
P six children, four from your late wife and two with your present P
cohabitee. You are financially responsible for the two younger
Q children. He tells me that you do suffer from poor health being Q
diabetic and suffering from hypertension and back pain, that you
R R
are remorseful and you promise not to breach the deportation
order again and he completed his mitigation by asking for
S S
leniency on your behalf.
T T
9. I turn now to the sentence. You are a repeat offender
U in respect of both offences. You have five previous convictions U
CRT31/25.10.2013/ES 3 DCCC 798/2013/Sentence
V V
A A
for breach of deportation order and seven for crimes of
dishonesty. On this occasion, you face seven convictions for
B B
breach of deportation order committed between July 2012 and July
C of this year. I am told that your purpose in coming illegally to C
Hong Kong was to purchase good presumably for resale in the
D Philippines. Whilst I draw no adverse inferences from this, I do D
comment that it is very strange and suspicious that you need to
E E
use so many aliases, however, that is merely by way of comment.
F F
10. Additional to the breach of deportation order, you are
G convicted of one theft by pickpocketing. From your record it G
would seem that this is your fourth definite pickpocketing
H conviction. In your favour, I do accept that you were H
cooperative from the outset, first of all with your captors who
I I
made a citizen’s arrest, then with the police and now with the
court by your plea of guilty. I accept that there are no
J J
aggravating features in respect of the pickpocketing, save for
K
the fact that you are a repeat offender. I also accept that you K
acted alone and the goods taken were fully recovered.
L L
11. In respect of the breaches of deportation order, I am
M told that you are remorseful and promise not to come again. M
Considering that you have committed this offence on 12 separate
N N
occasions, I do question that promise.
O O
12. I turn now to the actual sentences. In respect of each
P breach of deportation order, I take as a starting point 3 years’ P
imprisonment reduced to 2, that is on charges 1 to 7.
Q Q
13. In respect of charge 8, I take as a starting point
R R
18 months’ imprisonment reduced to 12 months. The sentences will
be served in this way:-
S S
T On the 1st charge, I sentence you, as I have said, to 2 years’ T
imprisonment.
U U
CRT31/25.10.2013/ES 4 DCCC 798/2013/Sentence
V V
A A
On the 2nd charge the same sentence, 21 months of that will be
concurrent and 3 months consecutive.
B B
C On charges 3 to 7, the period of 2 years’ imprisonment will be C
concurrent to each other and concurrent to the sentence of
D 27 months. D
E E
The sentence in respect of the theft by pickpocketing of
12 months will be wholly consecutive.
F F
G That is a total of 39 months’ imprisonment. G
H H
I I
Tallentire
J District Judge J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT31/25.10.2013/ES 5 DCCC 798/2013/Sentence
V V
A A
DCCC 798/2013
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO 798 OF 2013 C
D
---------------------- D
HKSAR
E E
v
F Emmanuel Trinidad DOMINGO F
also known as
G Angel S CABALZA, G
Antonio J TUBON,
Jimmy L De VERA,
H Jaime De Vera LANSANGAN, H
Roberto Salome RAZON,
Jimmy Legarda DABUET,
I Rodolfo Jr Bamba PATRIARCA I
and
J Nino Danilo De Leon PARIAL J
----------------------
K K
Before: HH Judge Tallentire
Date: 25 October 2013 at 3.21 pm
L L
Present: Ms Mickey Fung, SPP of the Department of Justice, for
HKSAR
M Mr Amirali Bakirali Nasir, of Nasirs, assigned by the M
Director of Legal Aid, for the defendant
Offence: (1) to (7) Breach of deportation order (違反遞解離境令)
N (8) Theft (盜竊罪) N
O --------------------- O
Reasons for Sentence
P P
---------------------
Q Q
1. Defendant, you have pleaded guilty to seven offences
of breach of a deportation order, contrary to section 43(1)(a)
R R
of the Immigration Ordinance, Cap. 115, and to a single offence
S of theft, contrary to section 9 of the Theft Ordinance, S
Cap. 210. You admitted the brief facts and I convicted you.
T What occurred is this:- T
U U
CRT31/25.10.2013/ES 1 DCCC 798/2013/Sentence
V V
A A
2. In respect of charge 8 first, just after 2 pm on
16 July last, Mr Zhang Dong, PW1, and Mr Li Yanzhong, PW2, were
B B
about to cross the road at the junction of Percival Street and
C Hennessy Road, Causeway Bay. You were holding an umbrella and C
you went close to PW1. PW1 found his bag opened and wallet
D missing. They intercepted you and found the wallet in your right D
front trousers pocket. That wallet contained HK$2,693,
E E
RMB1,818.80, two Octopus cards and five bank cards. You were
arrested by a police officer and in an interview under caution
F F
subsequently admitted stealing the wallet.
G G
Charges 1 to 7, being breach of deportation order
H H
3. A deportation order was issued on 11 May 1988 against
I I
you when you were then known as Angel S Cabalza, also known as
Antonio J Tubon. The order was served on you and explained to
J J
you on 7 June 1988 and is still in force. You were then deported
K
to the Philippines on 1 July 1988. You have eight different K
names known to Hong Kong Immigration Department. In the
L Philippines, you obtained a new and genuine passport from the L
Philippine authorities on 28 June 2012 in the new name of
M Emmanuel Trinidad Domingo, a name which is not known to the M
Immigration Department here. You used that new passport to enter
N N
Hong Kong on seven different occasions and leave on six
occasions. Those are the dates referred to in the charges.
O O
P 4. On arrest and caution, you confirmed that you P
understood the deportation order. You admitted to 12 previous
Q convictions on seven occasions. These included five breach of Q
deportation orders and seven offences of dishonesty.
R R
5. Ms Fung on behalf of prosecution placed before me the
S S
case of HKSAR v Bui Van Khai CA Cr App 173/2012. In that case a
T starting point of 3 years reduced to 2 years for a plea of T
guilty was approved of for breach of deportation order.
U U
CRT31/25.10.2013/ES 2 DCCC 798/2013/Sentence
V V
A A
6. Mr Nasir then entered mitigation on your behalf. I am
very obliged to him for that it is very helpful when it is
B B
written form as this was. Whilst the full text is placed on
C file, I shall summarise what is said therein for the record. Mr C
Nasir made the point that from the outset you were cooperative
D from the time of your arrest, making full and frank admissions D
from the outset. You indicated at the first available
E E
opportunity your intention to plead guilty before the court. He
submitted the court should not enhance sentence for each
F F
succeeding offence as it does not thereby become more serious.
G In support of that proposition, he submitted to me the case of G
HKSAR v Joned Asri CA Cr App 345/2012. In that case, the learned
H Judge had taken a rather complicated approach and the original H
sentence of 59 months was eventually reduced to some 33 months
I I
for a number of offences.
J J
7. The 8th offence to which you have pleaded guilty is
K
the one of theft by pickpocketing. Mr Nasir submitted that there K
were no aggravating features. He reminded that for a first-time
L offender the starting point is 12 to 15 months and he submitted L
this should be run concurrently with the sentences imposed in
M respect of the breaches of deportation order. M
N N
8. He then referred me to your personal circumstances.
You are 58 years of age and a taxi driver by occupation in the
O O
Philippines with a modest income. You are a widower, you have
P six children, four from your late wife and two with your present P
cohabitee. You are financially responsible for the two younger
Q children. He tells me that you do suffer from poor health being Q
diabetic and suffering from hypertension and back pain, that you
R R
are remorseful and you promise not to breach the deportation
order again and he completed his mitigation by asking for
S S
leniency on your behalf.
T T
9. I turn now to the sentence. You are a repeat offender
U in respect of both offences. You have five previous convictions U
CRT31/25.10.2013/ES 3 DCCC 798/2013/Sentence
V V
A A
for breach of deportation order and seven for crimes of
dishonesty. On this occasion, you face seven convictions for
B B
breach of deportation order committed between July 2012 and July
C of this year. I am told that your purpose in coming illegally to C
Hong Kong was to purchase good presumably for resale in the
D Philippines. Whilst I draw no adverse inferences from this, I do D
comment that it is very strange and suspicious that you need to
E E
use so many aliases, however, that is merely by way of comment.
F F
10. Additional to the breach of deportation order, you are
G convicted of one theft by pickpocketing. From your record it G
would seem that this is your fourth definite pickpocketing
H conviction. In your favour, I do accept that you were H
cooperative from the outset, first of all with your captors who
I I
made a citizen’s arrest, then with the police and now with the
court by your plea of guilty. I accept that there are no
J J
aggravating features in respect of the pickpocketing, save for
K
the fact that you are a repeat offender. I also accept that you K
acted alone and the goods taken were fully recovered.
L L
11. In respect of the breaches of deportation order, I am
M told that you are remorseful and promise not to come again. M
Considering that you have committed this offence on 12 separate
N N
occasions, I do question that promise.
O O
12. I turn now to the actual sentences. In respect of each
P breach of deportation order, I take as a starting point 3 years’ P
imprisonment reduced to 2, that is on charges 1 to 7.
Q Q
13. In respect of charge 8, I take as a starting point
R R
18 months’ imprisonment reduced to 12 months. The sentences will
be served in this way:-
S S
T On the 1st charge, I sentence you, as I have said, to 2 years’ T
imprisonment.
U U
CRT31/25.10.2013/ES 4 DCCC 798/2013/Sentence
V V
A A
On the 2nd charge the same sentence, 21 months of that will be
concurrent and 3 months consecutive.
B B
C On charges 3 to 7, the period of 2 years’ imprisonment will be C
concurrent to each other and concurrent to the sentence of
D 27 months. D
E E
The sentence in respect of the theft by pickpocketing of
12 months will be wholly consecutive.
F F
G That is a total of 39 months’ imprisonment. G
H H
I I
Tallentire
J District Judge J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT31/25.10.2013/ES 5 DCCC 798/2013/Sentence
V V