On the night of August 5, 2019, the real estate agent launched the "Three Strikes" operation. He was intercepted by police officers in the Sau Mau Ping Disciplinary Forces dormitory and was found to have pocket knives in his possession.
The police later seized more than 100 knives at his residence.
The broker was convicted of 4 crimes including possession of prohibited weapons and sentenced to 32 months in prison.
He dissatisfied and lodged an appeal. The judge of the High Court today (4th) issued a verdict, arguing that the original judge wrongly ruled that the broker's intention to use was the only reasonable inference at the time. Maintained, the sentence was reduced to 18 months.
The appellant is Su Guangda. After interrogation, he was convicted of possession of offensive weapons, criminal damage and possession of prohibited weapons. He was sentenced to 32 months in prison and fined 1,000 yuan.
Su appealed against the conviction and sentence. He did not appeal against the criminal damage allegation that he tore up the meeting record in the police station.
Appellant Su Guangda was originally convicted of 4 convictions and 4 convictions, and was originally sentenced to 32 months in prison. The appeal ruled that two of the convictions were convicted and the sentence was commuted to 18 months.
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The intention to make an offensive weapon is not the only reasonable inference
Regarding one of the crimes of possession of offensive weapons, Su was in possession of pocket knives and universal keys outside the disciplined services dormitory. The judge pointed out that the social atmosphere at the time was that the disciplined services dormitory was a more sensitive place.
However, there was no demonstration or assembly at the scene of the incident, and there was no evidence that Su was planning to do anything there.
Therefore, it is believed that the trial magistrate's belief that Su You intended to use the jackknife and universal key as an offensive weapon was not the only reasonable deduction under the circumstances at the time.
Guan Li pointed out that if Su used the universal key for burglary, using it as a weapon would not be the only reasonable inference.
The trial officer did not consider the facts in favor of the defendant
As for the other offence of possession of offensive weapons, the defendant had multiple knives in his possession.
Li Guan pointed out that the trial magistrate did not fully consider the facts that are beneficial to Su. If he had possession of the items involved in the case at home, he might be planning to sell them.
The judge therefore held that the appeal on the two counts of possession of offensive weapons was straightforward.
If 50 short knives enter the market very seriously
However, the judge agreed that the 50 short knives seized at the defendant’s residence were prohibited weapons, and pointed out that the trial magistrate had given reasonable and sufficient reasons.
Although these short knives are not sharp, they have certain lethality.
Due to the prevailing social environment and atmosphere, if they enter the market, the consequences can be quite serious.
The judge considered that the sentence of 18 months' imprisonment for the crime was severe, but not obviously excessive.
Therefore, the judge rejected his application for commutation.
Case number: HCMA340/2020
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