判刑理由書撮要(由AI生成)
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The judgment stated that on 29 September 2019 at around 19:05, over one hundred demonstrators gathered at the junction of Leighton Road and Wong Nai Chung Road in Causeway Bay, confronting the police. The defendant and another seven to eight frontline protesters attacked officers with bamboo poles, iron rods, hiking poles and laser devices, and had spray paint and an unlicensed radio transceiver hidden in their backpack. Officer 8252 was struck on the head by a hiking pole, after which the police subdued and arrested the defendant at 19:28. The defendant admitted charges of rioting, assaulting a police officer, possession of an offensive weapon, possession of spray paint with intent to damage property, and possession of an unlicensed communication device.
Under the offence of rioting, the maximum penalty is 10 years’ imprisonment. The Court of Appeal guidelines consider whether the act was premeditated, the number of participants, use of weapons, duration, degree of damage and impact on public order; offences of assaulting a police officer and possession of an offensive weapon are met with corresponding sentences; offences of possession of spray paint with intent to damage property and possession of an unlicensed communication device are generally dealt with by short custodial sentences or fines.
The defendant assaulted a police officer with a hiking pole, took part in a relatively small-scale riot and possessed spray paint and a laser pen with intent to damage property. There was no premeditation or organisation, and no significant injuries or damage occurred. The defendant is a first offender, pleaded guilty, showed genuine remorse, suffered mental pressure after the incident, gave up his job and faces heavy family responsibilities.
The scale and violence level of the riot were limited, and the weapons were not highly lethal. The defendant did not lead or incite others, pleaded guilty at an early stage and is entitled to a discount for the plea. It is appropriate to order concurrent sentences and consider mitigation on compassionate grounds.
The defendant was sentenced to 3 years’ imprisonment for rioting (reduced by one-quarter), 6 months’ imprisonment for possession of an offensive weapon (reduced by one-third), and 4 weeks’ imprisonment for possession of spray paint with intent to damage property (reduced by one-third), the sentences to run concurrently; fined HKD 2,000 for possession of an unlicensed communication device; total sentence of 33 months’ imprisonment. (Translated from Chinese to English by AI)
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