判決理由書／裁決書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。
The judgment states that on 28 December 2019, the defendant gathered with about fifty people on the pedestrian footbridge outside Sheung Shui Plaza, harassing and assaulting a passer-by. He then pushed the arriving police officers; as he fled into the shopping centre he was stopped, violently resisted, pulled the trigger of an officer’s long gun and tightly gripped a baton, before he was finally subdued. The prosecution, based on multiple video recordings and police identification testimony, charges him with riot, assaulting a police officer, resisting execution of duty, and attempted unlicensed possession of a firearm. The defence, however, disputes the identification and the intent.
The judge referred to the Public Order Ordinance, the Police Force Ordinance, the Firearms and Ammunition Ordinance, and other statutes, and, based on the maximum penalties and sentencing guidelines, considered the social harm and deterrent effect of riot, unlicensed possession of a firearm, and obstruction of law enforcement.
The defendant participated in an unlawful assembly and used force, disrupting public order and obstructing law enforcement officers, which is serious; however, the defendant has no prior convictions and a lower propensity for crime, warranting a discretionary mitigation of sentence.
The judge considers that the prosecution’s identification evidence against the defendant is corroborated by multiple video recordings and physical evidence, leaving no reasonable doubt, and thus conviction is necessary; however, sentencing must also balance the defendant’s background and lack of criminal record, to reflect both justice and deterrence.
The court ultimately found the defendant guilty of riot, attempted unlicensed possession of a firearm, and two counts of resisting execution of duty; the charge of assaulting a police officer was not upheld. He was sentenced to five years’ imprisonment. (Translated from Chinese to English by AI)
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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 states that on the afternoon of 28 December 2019, the defendant gathered with about fifty people on the pedestrian footbridge outside Sheung Shui Plaza, wearing black clothes and masks, and insulted, shoved and searched the phones of passersby. He conspired with others to surround Mr Lee, punching and kicking him and using an umbrella and a handcuff around his neck. When the police arrived, the defendant fled into the shopping mall and violently resisted, smashing a helmet and seizing a baton, and even grabbed the handle of an officer’s long gun and attempted to pull the trigger, until he was subdued with pepper spray.
The judge referred to the sentencing principles in the Public Order Ordinance and the Firearms and Ammunition Ordinance, taking into account the factors for the offence of rioting (such as premeditation, number of participants, use of violence and weapons, harm caused and social impact) and previous cases which set the starting sentence for rioting at around four years, for similar cases of attempted firearm snatching at around two to three years, and for resisting arrest – depending on the level of resistance – at one to two months.
The defendant was just over 16 at the time yet took the initiative to engage in frontline violence, and although he had no weapon, he used an umbrella and a handcuff around his neck; his attempt to seize the police firearm and nearly pull the trigger in the chaos was extremely reckless. However, as the defendant had no prior convictions, suffered from attention deficit disorder, worked hard at his studies during the trial and showed significant remorse and apology, and posed a low risk of reoffending, the starting sentence was moderately reduced.
The judge considered that the offences of rioting and attempting to seize a weapon were serious and required sufficient deterrent effect; youth was not a mitigating factor, though the defendant’s personal background and mitigating circumstances could be taken into modest account, and ultimately the total sentence was ordered to be served concurrently.
The defendant was sentenced to four years and three months’ imprisonment for rioting; two years and six months for the attempted unlawful possession of a firearm; and one month’s imprisonment for each of the two counts of resisting a police officer in the proper execution of duty. The latter three sentences were to run concurrently, of which six months were to be served consecutively to the rioting sentence, for a total of four years and nine months’ imprisonment. (Translated from Chinese to English by AI)
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