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 stated that the defendant, together with over thirty others, unlawfully assembled at Yuen Long Plaza on the evening of 21 September 2019, obstructing the MTR gates and damaging the CCTV and firefighting equipment; in the early hours of the next day, he moved to the area around Kong King Street in the city centre with nearly a hundred people, where they stopped and assaulted a passer-by defendant with umbrellas and an alleged spray, opened the taxi door and dragged him out, causing abrasions to both knees and seven stitches to his head and neck; subsequently, he and others chased and surrounded another defendant along Castle Peak Road, beating him with metal rods and kicking and stamping, resulting in a head laceration requiring sixteen stitches. Both suffered physical and psychological trauma.
Sentencing guidelines: The starting point for unlawful assembly is generally 12 to 24 months’ imprisonment; for riot, six years’ imprisonment; and for wounding with intent, an exceptional offence not eligible for a suspended sentence, a starting point of 48 months’ imprisonment.
Sentencing considerations: The defendant shared a common purpose with others, engaging in escalating acts of violence first in the shopping mall and then on the street, disrupting public order, damaging public property, and using their numbers to force passers-by to kneel and inflict grievous bodily harm. The means were heinous, causing significant physical and psychological trauma; the defendant is not a first-time offender, showed no sufficient remorse, and mitigating factors are insufficient to reduce the sentence.
Judicial view: The judge found that the defendant’s testimony was inconsistent with the video evidence in multiple respects, reflecting a mob mentality and an intent to assault. The psychiatric report does not mitigate the sentence, and a severe punishment is necessary to serve as a deterrent.
Sentencing outcome: The defendant was sentenced to 15 months’ imprisonment for unlawful assembly, 72 months for riot, and 48 months for wounding with intent, to be served concurrently, making an original total term of 72 months. After a 20% reduction for a guilty plea, the defendant was ultimately given an immediate custodial sentence of 57 months. (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 ruling notes that on the evening of 21 September 2019, a large group of people assembled illegally at YOHO Mall Phase 2 in Yuen Long, erected roadblocks and damaged closed-circuit television; in the early hours of the following day, the crowd moved to Kang King Street, intercepted a passer-by, forced them to kneel, sprayed them with pepper spray, and seized and smashed their mobile phone, allegedly committing unlawful assembly, false imprisonment and rioting. The first defendant pleaded guilty to false imprisonment and rioting, and the third defendant pleaded guilty to unlawful assembly.
The court invoked the three sentencing principles for rioting and the eight considerations for violent unlawful assembly cases, and, with reference to relevant precedents, set the starting points at five and a half years’ imprisonment for rioting and two and a half years’ imprisonment for false imprisonment.
In this case, the first defendant took an active and voluntary role in the rioting and false imprisonment, with serious circumstances; the third defendant was young and had no prior convictions but his conduct was also aggressive; both parties pleaded guilty and showed remorse. The first defendant’s autism and attention deficit hyperactivity disorder constituted mitigating factors, and the third defendant was deemed suitable for placement in a labour education centre.
The judge held that the violent acts in question were barbaric, unacceptable in a civilised society, and required a strong deterrent effect; mental health and age are not grounds for exoneration but may be considered for mitigation.
The first defendant was sentenced to 40 months’ imprisonment for rioting (to be served concurrently with a 20-month sentence for false imprisonment), and must pay HK$2,500 in compensation to the victim within seven days; the third defendant was ordered to undergo instruction at a labour education centre and must pay HK$7,000 in compensation to Café de Coral Group Limited from their deposited funds. (Translated from Chinese to English by AI)
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