HKSAR v. CRUZ KEVIN CHARLES VILLAREAL

DCCC 26/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 26 OF 2015

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Reasons for Sentence

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1.  This is a case of arson attack. The target was a school in Lantau Island. The defendant, a Filipino young man, pleaded guilty before me to an offence of simple arson, contrary to section 60(1) of the Crimes Ordinance which is the least serious type of arson because it was not alleged that the defendant did it with intent to endanger lives.

2.  What happened was in the small hours on 24 October 2014, the defendant together with his friend, Antonio, went to the school and each threw a Molotov cocktail into the school.  One bottle landed on the ground outside the guard room of the school and the other on the canopy near the entrance to the school.  The fire did not spread out and went out by itself.

3.  The school has minor damage as a result including singe marks on the canopy.  A security guard of the school was alerted to it.  A report was made to the police.  The police arrested the defendant at his home later in the day. 

4.  The defendant, aged 22, has a clear record.

5.  At the time of arrest, the defendant told the police that it was his friend, Antonio, who had an argument with the teachers of the school before.  But now in mitigation defendant frankly admitted through his counsel that he was the one who had an argument with the principal of the school about a week ago before the arson incident in which the principal scolded him for smoking inside the school area while the defendant was waiting for his girlfriend, a student of the school.

6.  In his letter to court, the defendant expressed his grave remorse for what he had done, accepted full responsibility for his crime and promised that he would never do anything causing harm and damage to the Hong Kong society. 

7.  On the request of the defence, the court adjourned the matter to enable a detention centre report to be prepared.  Now the report is before the court and it recommended that the defendant be sent to detention centre. 

8.  Defendant, through his counsel, expressed his willingness to receive disciplinary training at the detention centre and now asks this court to make such an order.

9.  Arson is a serious offence.  When you set fire to anything, you had no control over the consequences.  It can easily lead to substantial property damage as well as personal injuries or even death. Because of this, in sentencing, the court has always emphasised the need for deterrence.  It is only sheer luck that not much damage done to the school and no one was injured in the incident, but it could have been worse. 

10.  Defendant’s act by throwing Molotov cocktail was dangerous enough to warrant a long custodial sentence.  But in view of the fact that the defendant showed remorse for his crime, his young age and clear record, and I would follow the recommendation of the report and sentence the defendant to the detention centre.