判刑理由書撮要(由AI生成)
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The judgment states that in the early hours of 1 December 2019, during protests in Mong Kok, demonstrators blocked the road and the victim, who voluntarily attempted to clear the obstruction, was surrounded and verbally abused by a group of black-clad protesters. While the victim was filming with his mobile phone, the defendant suddenly attacked his head with a heavy iron object, causing him to fall unconscious and require ten stitches; the footage was admitted as court evidence. The defendant later claimed he had mistakenly believed the victim was holding a knife, but his statement conflicted with the video and his defence was not accepted.
The sentence is imposed under Section 17(a) of the Offences against the Person Ordinance, with no specific sentencing guidelines; however, the Court of Appeal in HKSAR v Chan Chung Tat indicated that the usual custodial term ranges from three to twelve years and a deterrent sentence should be imposed.
The defendant used a heavy object to strike the most vulnerable part of the body, deliberately inflicting grievous bodily harm; his conduct clearly aided violent protesters in preventing citizens from stopping an unlawful assembly and was intended as intimidation by force; claims of self-defence or mistaken belief are insufficient to mitigate the offence; however, his guilty plea warranted some reduction in sentence.
The judge’s view is that the defendant’s defence is inconsistent with the video evidence, and the court does not accept his claim that he mistook the victim for someone wielding a knife; the victim acted righteously and his conduct is beyond reproach; the defendant’s malicious motive and the severity of his actions demand a clear message to society that the court will not tolerate violent protest or intentional assault.
The court convicted the defendant of intentional wounding and, based on the deterrent sentencing guidelines and taking into account the guilty plea, sentenced him to 40 months’ imprisonment, to be served immediately; he must also pay the victim HKD 20,000 in compensation within 14 days, failing which the amount will be substituted by imprisonment. (Translated from Chinese to English by AI)
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