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。
According to the judgment, in the early hours of 1 December 2019, near Nathan Road in Mong Kok, the defendant, responding to protesters erecting roadblocks that were obstructing traffic, joined several protesters in surrounding a citizen who had voluntarily cleared them. When the citizen took out his mobile phone to film, the defendant suddenly struck him on the head with a long, heavy solid object, causing the victim to lose consciousness at the scene; he required ten stitches and was hospitalised. The entire incident was recorded by an online media outlet and presented in court as evidence. The defendant later admitted that he had mistakenly believed the other party was carrying a knife and intended to injure him.
According to the Court of Appeal’s guidelines, the standard sentence for the offence of intentionally causing injury is generally three to twelve years’ imprisonment, to be adjusted according to the type of weapon used, the means of attack, the degree of harm, and the purpose of the conduct.
In this case, the defendant intervened in another person’s actions and struck the most vulnerable part of the head with a hard object, intending to prevent an act of public-spirited assistance and to support other protesters. The conduct was highly intimidating and extremely dangerous. Considering his guilty plea, the sentencing starting point can be reduced from 60 months to 40 months.
The judge held that the defendant’s actions were malicious; in the current social environment, it is particularly necessary to uphold the rule of law and adopt a zero-tolerance approach to violent protesters. The defendant’s personal background does not warrant a reduction in sentence, though his guilty plea allows for a minor mitigating adjustment.
The defendant was convicted of the offence of intentionally causing injury and sentenced to 40 months’ immediate imprisonment, and must pay the victim HK$20,000 in compensation within fourteen days; failure to do so will result in imprisonment in lieu of payment. (Translated from Chinese to English by AI)
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