判刑理由書撮要(由AI生成)
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The judgment states that on 4 September 2019 the Defendant pleaded guilty to three charges: possession of an imitation firearm, possession of offensive weapons in a public place, and dangerous driving. That evening, at around 6:50 pm, the Defendant in a light goods vehicle overtook a marked police vehicle so closely that the police driver had to brake suddenly. When ordered to pull over, he refused and led officers on a high-speed chase from the Island Eastern Corridor through Causeway Bay and North Point, weaving through traffic and running two red lights. During the pursuit he pointed and discharged an airgun loaded with plastic pellets at the police vehicle on at least four occasions, alighted at a traffic light outside a commercial building to brandish the weapon, then drove off again. He finally stopped on Kin Wah Street, again threatened the police with the airgun, and surrendered when surrounded. On his person police found another magazine bearing 24 pellets and two surgical knives; at his home they recovered a second air rifle (non-working), multiple magazines, sharpened samurai swords and electronic files including WhatsApp and Facebook posts and documents advocating violence against police and supporters of an extradition bill. Under caution the Defendant admitted acting out of anger at alleged police abuse and financial difficulties, claimed no specific target in mind, and described owning the weapons for “war games” and personal security. He has five prior convictions, including indecent assault and offensive weapon possession, and has been receiving treatment for a mild intellectual disability and autism spectrum traits.
The statutory maximum penalties are: up to seven years’ imprisonment for possession of an imitation firearm under the Firearms and Ammunition Ordinance due to prior relevant convictions within ten years; up to three years’ imprisonment for possession of offensive weapons in a public place under the Public Order Ordinance; and up to three years’ imprisonment, a fine up to HK$25,000, a minimum six-month driving disqualification, and a mandatory driving improvement course for dangerous driving under the Road Traffic Ordinance.
The court balanced mitigation—early guilty plea, full admissions, demonstrable remorse, the Defendant’s financial stress, lack of support, and diagnosed mental health conditions including mild intellectual disability and autistic traits under ongoing treatment—against aggravating factors: deliberate carriage and use of a weapon against police in a busy public space, dangerous high-speed evasion and running red lights, possession of additional knives and swords, and recorded threats advocating violence against police and extradition-bill supporters.
The judge regarded the offences as serious impulsive acts driven by anger towards law enforcement, posing real risk to officers, road-users and pedestrians. Although the imitation firearm was low-powered, its public use and the potential for alarm or harm warranted a significant deterrent sentence. Having determined starting points of three years and six months for the firearm offence, three years for the offensive weapons offence, and two years and six months for dangerous driving, the judge applied the totality principle and a one-third discount for the early plea.
The Defendant is sentenced to three years’ imprisonment. The sentences for the imitation firearm and offensive weapons charges will run concurrently; eight months of the dangerous driving sentence will run consecutively to the firearm sentence, with the balance concurrent. The Defendant is disqualified from driving all classes of vehicle for eighteen months and must complete a driving improvement course at his own expense within the final three months of that period.
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