HKSAR v. DELA ROSA ARNULFO SIBLANG ALSO KNOWN AS ARNULFO DELA ROSA

DCCC 676/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 676 OF 2014

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Reasons for Sentence
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1.  Defendant has pleaded guilty to two charges, one of loitering, contrary to section 160(3) of the Crimes Ordinance, and a second of failing to surrender to custody.

2.  The 2nd charge or the first one we are dealing with today relates to the defendant loitering within a building in Whampoa Street in Hunghom, particularly inside an unoccupied flat, causing a local resident to feel concerned for his safety or well-being.

3.  The other charge, the bail charge, relates to him failing to answer to bail.  He failed to attend court on 24 September when a warrant was issued.

4.  As far as the defendant’s background is concerned, he has a number of previous convictions, six occasions appeared in court in total.  He has been placed on probation, sent to a drug addiction treatment centre in 2005 and placed on suspended sentence in 2011, custodial sentence in 2014 and is at present subject to a suspended sentence for breach of condition of stay.  

5.  I wanted to see if the defendant was still a drug dependent.  There is a report from a drug addiction treatment centre telling me that the defendant is no longer a drug dependent.  The report also shows he is 38 years old.  He was born in the Philippines.  He has lived in the Philippines and Hong Kong.  He became a drug addict in around 2005 but appeared to no longer be a dependent.  

6.  In the defendant’s favour, he has pleaded guilty and, as I say, he appears to be free of his dependency at this point.

7.  I will turn to sentence.  On the 2nd charge that he faces in this indictment, the loitering charge, I am going to take a starting point of 6 months’ imprisonment, reduce that to 4 months’ imprisonment for his plea of guilty.  On the charge of failing to surrender to custody, I take a starting point of 3 months’ imprisonment and reduce that to 2 months’ imprisonment for the plea of guilty.

8.  The offences are separate and independent.  So I order that they be served consecutively.  That is a total of 6 months’ imprisonment.

9.  Yes, and I formally dismiss Charge 1 if I have not done it already.  I am just telling that Charge 1 that he faces is formally dismissed. 

(Discussion re suspended sentence)

10.  Suspended sentence is not activated.  My reason for doing that is that the offences are dissimilar.  So I will leave it in force as it would not be in the interest of justice to enact that sentence at this stage.