判決理由書／裁決書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。
The judgment states that the three defendants were charged with possession of explosives and conspiracy to pervert the course of justice. Police discovered nitrocellulose-based “gun cotton” and ten smoke grenades among the explosives in a mini storage unit rented by the defendants. CCTV footage and audio recordings from the prison visiting room showed that the first defendant instructed a co-defendant to delete electronic records in an attempt to obstruct the investigation. The prosecution submitted forensic and bomb disposal expert reports, video-recorded interview records and CCTV evidence. All three defendants pleaded not guilty; however, the first defendant’s testimony was inconsistent in multiple respects, and the second and third defendants both declined to give evidence.
Pursuant to section 55(1) of the Criminal Offences Ordinance, a lawful purpose must be demonstrated for possession of explosives; and sections 159A and 159C regarding conspiracy to pervert the course of justice require proof that the agreement had the tendency and intention to pervert the course of justice.
The court accepted the opinions of the government forensic chemist and the bomb disposal expert, confirming that the gun cotton and smoke grenades in this case were high-risk explosives, and found that the first defendant failed to raise a lawful purpose defence; audio and video evidence showed that the first and third defendants conspired to delete electronic records to obstruct the investigation, whereas the participation of the second defendant could not be established.
The judge determined that the prosecution’s evidence was clear and reliable, the first defendant’s testimony was contradictory and not credible; the identity of the person in the recording for the second defendant was difficult to ascertain, and the evidence was insufficient; the third defendant understood and complied with the instructions, demonstrating an intention to pervert the course of justice.
Ultimately, the court found the first defendant guilty of two counts of possession of explosives and one count of conspiracy to pervert the course of justice; the second defendant was found not guilty of conspiracy to pervert the course of justice; and the third defendant was found guilty of conspiracy to pervert the course of justice. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書
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。
Court judgment notes that Defendant One was intercepted by the police on the afternoon of 24 December 2019 when leaving a self-storage facility; entry and exit swipe cards and other exhibits were found in his backpack. Upon examining the storage unit in question, the police discovered 10 smoke grenades and approximately 15 grams of nitrocellulose, analysis confirming they constituted explosives. After his arrest and remand, on 3 February 2020 during visits by Defendant Two and Defendant Three, Defendant One requested Defendant Three’s assistance in deleting digital data registered under two email accounts and an unknown mobile phone number; Defendant Three agreed and was later arrested. Both defendants were 21 at the time of the offence, with no prior convictions. Prior to sentencing, the court requested suitability reports for training centre orders and community service orders.
For the offence of possession of explosives, considering their accessibility, public safety and the need for deterrence, a custodial sentence with sufficient deterrent effect is required; for the offence of conspiracy to pervert the course of justice, immediate imprisonment is generally appropriate to punish and deter the abuse of the judicial process.
The court considered that the nitrocellulose and smoke grenades in this case are easily purchased online and stored in a sealed unit, posing a high level of danger. Based on relevant guidelines, sentencing starting points of 6 months and 4 months were set for the two offences of possession of explosives; for the conspiracy to pervert the course of justice, the conversation lasted only approximately 5 to 6 minutes, there was no actual deletion of data and it did not affect the investigation, so a starting point of 4 months was appropriate.
It is necessary to impose appropriate punishment and sufficient deterrence for conduct involving explosives and perverting the course of justice. Even though Defendant Three did not materially affect the judicial process, the acts are still serious and immediate imprisonment is required.
Defendant One was sentenced to 6 months’ imprisonment for the offence of possession of explosives (nitrocellulose) and 4 months’ imprisonment for the offence of possession of explosives (10 smoke grenades), with the sentences to run partly concurrently for a total of 7 months; for the offence of conspiracy to pervert the course of justice, he was sentenced to 4 months’ imprisonment, running partly concurrently with the previous sentences for 3 months, totalling 10 months, to be served immediately. Defendant Three was sentenced to 4 months’ imprisonment for the offence of conspiracy to pervert the course of justice, to be served immediately. (Translated from Chinese to English by AI)
查看完整判刑理由書