A A
DCCC 1013/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1013 OF 2013
C C
----------------------
D D
HKSAR
E v E
Villota Ferdinand Valencia (D1)
F F
also known as
Ronald L Reyes, Ronald Lopez Reyes
G and Malabanan Isidoro Nido G
Silvestre Jennifer Marquez (D2)
H H
----------------------
I I
Before: HH Judge Tallentire
Date: 12 December 2013 at 10.35 am
J Present: Miss Cherry Ho, PP of the Department of Justice, for J
HKSAR
Miss Chan Man-yee, Cannise, instructed by C M Chow &
K Company, assigned by the Director of Legal Aid, for K
both defendants
L Offence: (1) Theft (盜竊罪) L
(2) Breach of deportation order (違反遞解離境令)
M M
N --------------------- N
Reasons for Sentence
O O
---------------------
P 1. Both of you have pleaded guilty to one offence of P
joint theft, contrary to section 9 of the Theft Ordinance,
Q Q
Cap.210.
R R
2. D1, you have pleaded guilty to a single offence of
S breach of a deportation order, contrary to section 43(1)(a) of S
the Immigration Ordinance, Cap.115.
T T
U U
CRT31/12.12.2013/ML 1 DCCC 1013/2013/Sentence
V V
A 3. You have each admitted the facts and I convicted you A
of the respective charges.
B B
4. The facts are as follows.
C C
5. At about 4.42 pm on 17 September last, PC 34648, who
D D
was PW2, and fellow officers saw you both staring at the
E belongings of pedestrians and talking to each other and Haiphong E
Road, Tsim Sha Tsui. The officers were in plainclothes.
F F
6. You were then seen to follow a male, Lam Chung-yin
G G
(PW1), who was carrying a shoulder bag. As Mr Lam, who was PW1,
waited at the junction of Haiphong Road and Hankow Road, you,
H H
D1, took out a map (which is E1) from your shoulder bag,
I
unzipped PW1’s shoulder bag and, using E1 as a cover, took out I
his wallet. That wallet contained $1,370, an ID card, a Home
J Visit Permit, driving licence and five bank cards. At the same J
time, D2, you used your handbag to cover D1’s act.
K K
7. At this point, PW1 realised his shoulder bag was open
L L
and his wallet was missing. D1, you then threw the wallet to the
ground and both of you fled. However, you were intercepted by
M M
the police officers.
N N
8. Under caution, D1, you admitted stealing the wallet
O and asked for a chance. D2, you claimed not to be involved. O
P P
9. Both of you had come to Hong Kong on 12 September
last.
Q Q
R 10. In a cautioned statement, D1, you admitted stealing R
the wallet, as your income was not sufficient to support your
S family and that is charge 1. S
T T
11. D1, your fingerprints were checked and it was revealed
that you were previously known as Ronald Lopez Reyes and
U U
CRT31/12.12.2013/ML 2 DCCC 1013/2013/Sentence
V V
A Malabanan Isidoro Nido. A deportation order had been issued A
against Ronald Lopez Reyes, prohibiting him from being in Hong
B Kong after 16 September 1986. B
C C
12. You admitted the second charge in a further interview
under caution. You said you came to Hong Kong to look for a job
D D
but could not find one.
E E
13. D1, you admitted to 21 previous convictions on 11
F occasions, seven similar to the 1st charge and 10 similar to the F
2nd charge.
G G
14. D2, you are of clear record.
H H
I
15. Miss Chan then entered mitigation on behalf of each of I
you.
J J
16. She dealt first with you, D1. She told me that you are
K 55 years of age, married with seven children and you worked as a K
taxi driver for 15 years in the Philippines. Previously, the
L L
whole family had been employed in farming. She said that your
income as a taxi driver fluctuated, so you came to Hong Kong to
M M
seek a job. She told that you have cousin in Hong Kong.
N N
17. D2, you are 20 years of age, single and in your second
O year at college where you are hoping to qualify as a chef. You O
broke up with your boyfriend so you bought a plane ticket to
P P
Macau to seek amusement. From Macau, you came to Hong Kong with
D1.
Q Q
R 18. I am told that you became acquainted with each other R
when you sat by each other on the plane from the Philippines.
S You both spent a day in Macau. D2, you were due to leave but you S
missed your ferry and the flight home. That was on 13 September.
T T
Both of you then found yourself short of money: you, D2, because
U U
CRT31/12.12.2013/ML 3 DCCC 1013/2013/Sentence
V V
A you had brought only limited funds and you, D1, because you had A
been unable to find a job.
B B
19. Miss Chan accepts that you, D1, have many similar
C C
convictions and that it is an aggravating feature that you acted
in concert.
D D
E 20. On your behalf, she submitted that this was not an E
organised crime and very unsophisticated, that the wallet had
F been returned, so PW1 lost nothing. She submitted that the best F
mitigation, of course, was your pleas of guilty.
G G
21. On behalf of both of you, she asked for leniency and
H H
she suggested, on your behalf, D1, that at least part of your
I
sentences should be concurrent. I
J 22. I turn to the sentences. J
K 23. D1, you are a mature man of 55 years of age, with an K
appalling criminal record in Hong Kong. I do note, however, that
L L
it is some years since your last conviction. However, looking at
that record, it is clear that you are dishonest in the extreme
M M
and paid no regard at all to this deportation order. Whilst on
N the other hand, you, D2, are a young lady of clear record. N
O 24. Looking at all that had occurred and weighing all O
these factors in the balance, I can only conclude that you, D1,
P P
led D2 astray in this regard. You acted in concert, that is for
sure.
Q Q
R 25. In your favour, D1, I do note, however, you were R
cooperative when stopped.
S S
26. However, you, D1, have committed distinct and separate
T T
offences and I will find no reason at all to make them anything
other than consecutive.
U U
CRT31/12.12.2013/ML 4 DCCC 1013/2013/Sentence
V V
A A
27. I also note the roles that you played in the
B commission of the first offence. Yours, D2, was very much a B
supporting role to the main role played by D1.
C C
28. The sentences, therefore, will be somewhat different
D D
to reflect your roles and your records.
E E
29. D1, stand up, please. D1, on Charge 1, I take a
F starting point of 21 months’ imprisonment, reduced to 14 for F
your plea of guilty.
G G
30. In respect of Charge 2, I take a starting point of 3
H H
years’ imprisonment (that is, 36 months), reduced to 2 years 24
I
months’ imprisonment. I
J 31. These will be served consecutively, that is, a total J
of 38 months’ imprisonment.
K K
32. D2, your role is, as I said, a lesser role. You are
L L
young and you have hitherto clear record in Hong Kong.
M M
33. I take a starting point of 15 months’ imprisonment,
N reduced to 10. N
O 34. You will go to prison for 10 months. O
P P
Q Q
R R
S
Tallentire S
District Judge
T T
U U
CRT31/12.12.2013/ML 5 DCCC 1013/2013/Sentence
V V
DCCC1013/2013 HKSAR v. VILLOTA FERDINAND VALENCIA AND ANOTHER - LawHero
A A
DCCC 1013/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1013 OF 2013
C C
----------------------
D D
HKSAR
E v E
Villota Ferdinand Valencia (D1)
F F
also known as
Ronald L Reyes, Ronald Lopez Reyes
G and Malabanan Isidoro Nido G
Silvestre Jennifer Marquez (D2)
H H
----------------------
I I
Before: HH Judge Tallentire
Date: 12 December 2013 at 10.35 am
J Present: Miss Cherry Ho, PP of the Department of Justice, for J
HKSAR
Miss Chan Man-yee, Cannise, instructed by C M Chow &
K Company, assigned by the Director of Legal Aid, for K
both defendants
L Offence: (1) Theft (盜竊罪) L
(2) Breach of deportation order (違反遞解離境令)
M M
N --------------------- N
Reasons for Sentence
O O
---------------------
P 1. Both of you have pleaded guilty to one offence of P
joint theft, contrary to section 9 of the Theft Ordinance,
Q Q
Cap.210.
R R
2. D1, you have pleaded guilty to a single offence of
S breach of a deportation order, contrary to section 43(1)(a) of S
the Immigration Ordinance, Cap.115.
T T
U U
CRT31/12.12.2013/ML 1 DCCC 1013/2013/Sentence
V V
A 3. You have each admitted the facts and I convicted you A
of the respective charges.
B B
4. The facts are as follows.
C C
5. At about 4.42 pm on 17 September last, PC 34648, who
D D
was PW2, and fellow officers saw you both staring at the
E belongings of pedestrians and talking to each other and Haiphong E
Road, Tsim Sha Tsui. The officers were in plainclothes.
F F
6. You were then seen to follow a male, Lam Chung-yin
G G
(PW1), who was carrying a shoulder bag. As Mr Lam, who was PW1,
waited at the junction of Haiphong Road and Hankow Road, you,
H H
D1, took out a map (which is E1) from your shoulder bag,
I
unzipped PW1’s shoulder bag and, using E1 as a cover, took out I
his wallet. That wallet contained $1,370, an ID card, a Home
J Visit Permit, driving licence and five bank cards. At the same J
time, D2, you used your handbag to cover D1’s act.
K K
7. At this point, PW1 realised his shoulder bag was open
L L
and his wallet was missing. D1, you then threw the wallet to the
ground and both of you fled. However, you were intercepted by
M M
the police officers.
N N
8. Under caution, D1, you admitted stealing the wallet
O and asked for a chance. D2, you claimed not to be involved. O
P P
9. Both of you had come to Hong Kong on 12 September
last.
Q Q
R 10. In a cautioned statement, D1, you admitted stealing R
the wallet, as your income was not sufficient to support your
S family and that is charge 1. S
T T
11. D1, your fingerprints were checked and it was revealed
that you were previously known as Ronald Lopez Reyes and
U U
CRT31/12.12.2013/ML 2 DCCC 1013/2013/Sentence
V V
A Malabanan Isidoro Nido. A deportation order had been issued A
against Ronald Lopez Reyes, prohibiting him from being in Hong
B Kong after 16 September 1986. B
C C
12. You admitted the second charge in a further interview
under caution. You said you came to Hong Kong to look for a job
D D
but could not find one.
E E
13. D1, you admitted to 21 previous convictions on 11
F occasions, seven similar to the 1st charge and 10 similar to the F
2nd charge.
G G
14. D2, you are of clear record.
H H
I
15. Miss Chan then entered mitigation on behalf of each of I
you.
J J
16. She dealt first with you, D1. She told me that you are
K 55 years of age, married with seven children and you worked as a K
taxi driver for 15 years in the Philippines. Previously, the
L L
whole family had been employed in farming. She said that your
income as a taxi driver fluctuated, so you came to Hong Kong to
M M
seek a job. She told that you have cousin in Hong Kong.
N N
17. D2, you are 20 years of age, single and in your second
O year at college where you are hoping to qualify as a chef. You O
broke up with your boyfriend so you bought a plane ticket to
P P
Macau to seek amusement. From Macau, you came to Hong Kong with
D1.
Q Q
R 18. I am told that you became acquainted with each other R
when you sat by each other on the plane from the Philippines.
S You both spent a day in Macau. D2, you were due to leave but you S
missed your ferry and the flight home. That was on 13 September.
T T
Both of you then found yourself short of money: you, D2, because
U U
CRT31/12.12.2013/ML 3 DCCC 1013/2013/Sentence
V V
A you had brought only limited funds and you, D1, because you had A
been unable to find a job.
B B
19. Miss Chan accepts that you, D1, have many similar
C C
convictions and that it is an aggravating feature that you acted
in concert.
D D
E 20. On your behalf, she submitted that this was not an E
organised crime and very unsophisticated, that the wallet had
F been returned, so PW1 lost nothing. She submitted that the best F
mitigation, of course, was your pleas of guilty.
G G
21. On behalf of both of you, she asked for leniency and
H H
she suggested, on your behalf, D1, that at least part of your
I
sentences should be concurrent. I
J 22. I turn to the sentences. J
K 23. D1, you are a mature man of 55 years of age, with an K
appalling criminal record in Hong Kong. I do note, however, that
L L
it is some years since your last conviction. However, looking at
that record, it is clear that you are dishonest in the extreme
M M
and paid no regard at all to this deportation order. Whilst on
N the other hand, you, D2, are a young lady of clear record. N
O 24. Looking at all that had occurred and weighing all O
these factors in the balance, I can only conclude that you, D1,
P P
led D2 astray in this regard. You acted in concert, that is for
sure.
Q Q
R 25. In your favour, D1, I do note, however, you were R
cooperative when stopped.
S S
26. However, you, D1, have committed distinct and separate
T T
offences and I will find no reason at all to make them anything
other than consecutive.
U U
CRT31/12.12.2013/ML 4 DCCC 1013/2013/Sentence
V V
A A
27. I also note the roles that you played in the
B commission of the first offence. Yours, D2, was very much a B
supporting role to the main role played by D1.
C C
28. The sentences, therefore, will be somewhat different
D D
to reflect your roles and your records.
E E
29. D1, stand up, please. D1, on Charge 1, I take a
F starting point of 21 months’ imprisonment, reduced to 14 for F
your plea of guilty.
G G
30. In respect of Charge 2, I take a starting point of 3
H H
years’ imprisonment (that is, 36 months), reduced to 2 years 24
I
months’ imprisonment. I
J 31. These will be served consecutively, that is, a total J
of 38 months’ imprisonment.
K K
32. D2, your role is, as I said, a lesser role. You are
L L
young and you have hitherto clear record in Hong Kong.
M M
33. I take a starting point of 15 months’ imprisonment,
N reduced to 10. N
O 34. You will go to prison for 10 months. O
P P
Q Q
R R
S
Tallentire S
District Judge
T T
U U
CRT31/12.12.2013/ML 5 DCCC 1013/2013/Sentence
V V