Hyperactive boy hides a switchblade and asks the commuting officer to dismiss the appeal

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Written by: Zhu Dixin

2021-04-13 19:37

Last update date: 2021-04-13 19:37

The Form 5 male student was found in Chai Wan on the day of the "junior period" in November of the previous year and found a switchblade hidden in his backpack.

He was found guilty of possession of prohibited weapons after interrogation. He was originally sentenced to conditional release and self-signed.

However, the trial magistrate later reviewed the sentence and changed the sentence to the rehabilitation center.

The boy appealed the conviction and sentence, which will be handled in the High Court today (13th).

The appellant emphasized that there is no evidence that he knew about the switchblade hidden in the rucksack. However, Judge Pan Minqi questioned his claim to the police that the switchblade was used to make a fire, instead of asking: "Blaze?" Pan Guan pointed out again. Although the appellant suffers from hyperactivity, the disease is not a pass to participate in illegal activities.

After hearing the submission, Pan Guan dismissed the appeal.

The appellant who was originally released on bail must be returned immediately.

The appellant Wu Mingyang (18 years old) was previously ruled to possess a switchblade in Chai Wan Road near Chai Wan Road roundabout on November 11, 2019.

The court revealed that the appellant is currently an assistant to a district councilor.

He was found guilty after interrogation. He was originally sentenced to conditional release and he was required to sign 1,000 yuan for one year.

However, the trial magistrate later claimed that he was misled by the defense's submissions and actively reviewed the sentence and changed the appellant's sentence to a rehabilitation center.

Once told police officers that the switchblade was used to make a fire

The appellant said in his submission that the switchblade is a common item in daily life, and most people may not know that it is a prohibited item.

However, Guan Pan pointed out that if someone sells switchblade knives, it does not mean that many people buy them, "I have no good knives."

The appellant also stated that there was no evidence that he knew about the switchblade hidden in the backpack. He told the police officers at the scene that the switchblade was used to light a fire, but that he knew the purpose of the item.

However, Officer Pan questioned that if he did not store switch knives, he should ask the police officer, "Bao, 咩嚟架?"

In terms of sentencing, the appellant claimed that the appellant had been remanded for 16 days and believed that even if the case was to be sentenced to prison, he could be sentenced to conditional release.

However, Guan Pan questioned that the appellant had a switchblade in his possession under the background of the "junior period", and that the knife might flow into the hands of others.

Sick non-participation in illegal activities pass

The appellant also stated that according to his medical certificate, the appellant’s hyperactivity and lack of concentration have been improved.

However, Guan Pan emphasized that having hyperactivity and insufficient concentration is not a passport to participating in illegal activities.

The Department of Justice responded that the appellant told the police officers at the scene that the switchblade was used to light a fire, which was an implicit confession.

At the same time, there was also environmental evidence in the case, supporting the appellant not only to have switch knives, but also to infer that he knew the nature of switch knives.

The Attorney General also stated that the trial magistrate was sentenced to conditional release due to inaccurate statements by the defense and therefore has the right to make a review.

Request to appeal the final hospital certificate denied

Pan Guan said that after considering the submissions of both parties, the appeal was rejected immediately, and an explanation will be issued in the future. The appellant who was originally released on bail awaiting appeal must be accepted immediately.

The appellant later stated that he would apply for an appeal to the Court of Final Appeal, and asked Guan Pan to apply for a certificate of appeal to the Court of Final Appeal, as well as to go out on bail during the appeal period, but Guan Pan refused.

Case number: HCMA371/2020

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