21. For this particular case, seeing the First and the Second Messages
posted in the Message Board, without knowing the identity of the
person who posted them by that time, Madam Wong also regarded the
contents of the Messages as a bluff or some kind of joke. Madam
Wong, however, admits that gang rape is a horrible crime, and it
would be scary and disgusting for someone to invite others to
participate in such crime. She also frankly admits that she is not
certain whether the person who posted the Messages did have the real
intention to commit the gang rape.
Whether the Defendant had the intention to commit the gang rape or to
incite others to commit such crime?
22. It is the Defendant’s case that he only posted the Messages as a joke.
Internet is in fact a strange world, a lot of people would use the
internet meaningfully to exchange their ideas, but on the other hand, a
lot of other internet users just post different worthless creations in the
internet forums with a view to arouse various fanciful discussions.
Although the Prosecution asks me to infer intention on the part of the
Defendant in committing the gang rape by looking at the explicit
wordings used by the Defendant in the Messages, I cannot ignore the
possibility that the Defendant is some of kind of facetious person, and
the topic about the invitation to join in the gang rape was just one of
his worthless fanciful creations. The Defendant might just want to
provoke discussion and he would derive satisfaction from looking at
the responses to his idea.
23. Further, the evidence of Madam Wong, the previous good character of
the Defendant and the response made by him when he was arrested all
support the fact that the Defendant had no real intention to commit
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