判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
According to the judgment, the defendant, between 3 October and 22 November 2019, in a Telegram group illegally incited others to possess firearms or ammunition without a licence; and on 29 June 2021, was arrested at his residence in Lam Tin, Kowloon, where the police seized potassium nitrate, sulphur, an air gun, bullets and other materials. The defendant admitted to possessing explosives and to incitement, stating that out of childish curiosity he had learnt online how to make black powder and modify an air gun, had no intention of harming anyone, and had been living with and cared for by his mother, who suffered from depression, prior to the incident.
Each of the charges carries a maximum penalty of 14 years’ imprisonment, and with reference to relevant cases, the sentencing starting point for possession of explosives is generally between two and five years, and the starting point for incitement to possess firearms or ammunition without a licence is also around two to five years.
The judge considered that the potassium nitrate and sulphur in the defendant’s possession could have produced approximately 1.1 kilograms of black powder, but the manufacture was not completed, and the defendant pleaded guilty at an early stage. Accordingly, a starting point of two years and six months was adopted for the possession of explosives offence, and two years and three months for the incitement offence, resulting, after a one-third discount for the guilty plea, in sentences of 20 and 18 months respectively.
Given that the case involved dangerous materials and the incitement of others to commit offences, immediate custody was necessary for punishment and deterrence; taking into account the defendant’s plea and cooperation with the investigation, and in accordance with the overall sentencing principles, the sentences were structured to run partly consecutively and partly concurrently, with an additional reduction.
The defendant was sentenced to a total of 26 months’ imprisonment for possession of explosives and incitement to possess firearms or ammunition without a licence, with 8 months of the sentence for the incitement offence to run consecutively to the sentence for the explosives offence, and the remainder to run concurrently. (Translated from Chinese to English by AI)
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