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Written by: Lin Leer
2020-07-14 16:10
Date of last update: 2020-07-14 16:11The student found three spray cans tied to lighters in Sheung Wan on June 11 last year. He denied a crime of possession of offensive weapons in a public place and was found guilty after being tried. The defense today (14th) stated in the Eastern Magistrates' Court that the report indicated that the defendant should not be admitted to the labor camp. Magistrate Zheng Jihang pointed out that the flame produced by the weapon could reach 1.5 meters, and believed that the defendant spent time to make the weapon, which was deployed and was sentenced to 10 months in prison.
The defendant Ma Zile (21 years old, student) was ruled in a public place near the 7-Eleven convenience store on the ground floor of Sheung Tak Centre in Sheung Wan on June 11, last year. There were 3 spray cans, each with a piece of adhesive tape attached to a lighter .
The defendant Ma Zile was convicted of possession of an offensive weapon and sentenced to 10 months in prison. (Profile picture)
14 days of imprisonment
The defense attorney Xu Zhuolun quoted the report of the labor camp and pleaded guilty, saying that he was wrongly told that he used to work part-time to make up for his family. Some restaurant owners expressed their willingness to give opportunities to hire the defendant again. The defense understood that due to the charges and the age of the accused, the court did not have many choices for sentencing. The report stated that the accused should not be admitted to a labor camp, so he could only be sentenced to imprisonment.
Xu Dazhuang claimed that the defendant had been dead for two weeks, and the Hebei court sentenced him to 14 days' imprisonment at his discretion. However, according to the Criminal Rehabilitation Ordinance, if the defendant was sentenced to less than 3 months, he would be deemed to have no case. He then submitted a pleading letter written by the defendant and his family's teacher, revealing that the defendant expressed guilt, while others described the defendant as being motivated and helpful, feeling astonished at the case.
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The official pointed out that there is deployment and continuous use
When Zheng was sentenced, he mentioned that the report stated that it was inappropriate to sentence the labor camp, so imprisonment was the only option. He reiterated that the flames produced by the weapons involved could reach 1.5 meters, and believed that the defendant spent time to tie the lighter to the spray can, which showed that it was deployed and intended to continue to be used. He also pointed out that the court could not ignore the danger of objects falling into the hands of others, so he took a year of imprisonment as a starting point for sentencing. The court took into account the pleading letter submitted by the defendant's first offender and the defense, reduced the sentence by 2 months, and finally sentenced to 10 months in prison.
Case number: ESCC2410/2019
Hearing court related to the Fugitive Offenders possession of offensive weapons