上訴人引用HCMA134/2020 HKSAR v. Han Shuo Humphrey案,黃崇厚法官提到考慮此類控罪的判刑應顧及5個因素:
1:Nature and size of the weapon 2:The potential harm it is capable to cause 3:The circumstances and intent of possessing the weapon 4:The quantity of the weapon 5:How it was possessed
上訴人指出雷射筆本質上不是攻擊性武器(Not offensive weapon per se);本案雷射筆的威力較其他為低,潛在傷害低;本案雷射筆是放在背包,他被搜查時亦是自行拿出雷射筆,沒有逃避調查;此外也沒有證據顯示他有使用雷射筆。
上訴人引用R v Brown,Sentencing in Hong Kong和CACC298/2005 HKSAR v. Wan Ka Kit 案,指出社會服務令的6個考慮指引:
1: Be either a first offender, or one with a ‘light’ criminal record 2: Come from a stable home background, perhaps with a family 3: Have a good work record-orders are not designed to encourage the lazy; or to show the idle, the errors of their ways 4: Be in employment, or have a realistic prospect of such 5: Have shown genuine remorse 6: Present no more than a slight risk of re-offending