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。
The judgment notes that in the early hours of 1 December 2019, at the junction of Nathan Road in Mong Kok, protesters had obstructed traffic with roadblocks. When the victim voluntarily attempted to clear them, ten protesters verbally abused and threatened him. As the victim raised his phone to film, the defendant suddenly struck the top of his head with a hard object, causing him to lose consciousness and collapse. He was later taken to hospital where a four-centimetre laceration on his scalp and multiple abrasions were sutured. Video footage of the incident served as evidence, and the other charges were dropped.
Following the Court of Appeal’s guidelines in HKSAR v Chan Chung Tat, the usual sentence for an offence of intent to cause grievous bodily harm is 3 to 12 years. Sentencing indicators include deliberate targeting of the most vulnerable parts of the body, deterring the public from resisting protest violence, and the heft of the weapon used. This case adopted a deterrent sentencing framework.
The defendant attacked a citizen acting in the public interest with a heavy iron implement, striking the most vulnerable part of the head and thereby encouraging protest violence. The circumstances are grave, warranting a stern sentence as a deterrent.
The judge rejected the defendant’s claim of mistaking the weapon, finding that he was fully conscious and intended to prevent the removal of the obstruction. His conduct was vicious and egregious, intolerable to society, and his personal background offered no basis for mitigation.
The defendant was convicted of the offence of intent to cause grievous bodily harm. The starting point was 60 months, reduced to 40 months’ immediate imprisonment for his guilty plea. He must also pay the victim HK$20,000 in compensation within 14 days, failing which the sum will be satisfied by imprisonment. (Translated from Chinese to English by AI)
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