Teenager found guilty of hiding retractable sticks and lighters, etc.

In March 2020, some citizens went to the Wanchai Immigration Building to sit-in, demanding that the government close the customs in response to the new crown epidemic. A teenager was arrested for possession of retractable sticks, electric oil and lighters.

After interrogation, he was convicted of two crimes of possessing items with intent to damage property and possessing offensive weapons, and was sentenced to a labor camp.

The juvenile appealed against the sentence and sentence. After the High Court judge heard the submissions earlier, the High Court issued a ruling today (19th) ruling that the juvenile was not guilty of possession of an offensive weapon, but the other charge upheld the original sentence.

The judge also believed that, as far as the possession involved was intended to damage property, it was appropriate to sentence the labor camp, so the original judgment was upheld.

The appellant was 15 years old at the time of the incident and was charged with possession of articles with intent to damage property and possession of offensive weapons, alleging that he possessed a retractable stick and 133ml of lighter fluid outside the Wan Chai Immigration Building on March 2, 2020 and a lighter.

The original trial judge did not consider that the telescopic stick involved in the case had other uses

Regarding the crime of possessing an offensive weapon, the appellant claimed that the original judge did not fully consider that the telescopic stick involved in the case had a hole and could be used as a flagpole, and the evidence was insufficient to support his intention to injure others.

However, the High Court judge held that the appellant also hid a flag at the time, and that he might have used a telescoping stick to display the flag, which was not a conjecture.

The magistrate of the first trial ruled that it was an offensive weapon and that the appellant had intended to use it for illegal purposes, which was not the only reasonable inference, so the crime was acquitted.

There is nothing wrong with the ruling on the crime of concealing a fire machine

In addition, the appellant had stated to the police that he did not smoke, etc., and the trial magistrate erroneously ruled that these statements could be evidence.

However, the judge believed that the trial judge's approach was appropriate and he should have exercised his discretion to withhold the evidence.

However, the magistrate of the first instance ruled that the appellant had possession of electric oil and a lighter, affirming that he had the intention to damage other people’s property. The judge believed that the ruling was not inappropriate, so he upheld the conviction of possessing items with intent to damage property.

In terms of sentencing, the judge pointed out that even if one of the crimes is now acquitted, but in terms of the possession involved in this case intended to damage property, it is appropriate to sentence the labor camp, so the sentence was upheld.

Case No.: HCMA136/2021

A female college student brought a hexagonal key and spray paint to participate in the demonstration. The officer believed that she intended to destroy and was sentenced to prison. In April, a boy was convicted of three crimes of hiding a rope and so on. The case was appealed to the Final Court. The official said that the crime was a fluke. Possessing tools for illegal use The broker finally appealed and got the charge dismissed convicted