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 on the evening of 1 July 2020, at the Lady M store on the third floor of Times Square in Causeway Bay, the defendant, without authorisation, removed a steel pillar, put on gloves and threw the roughly 6.8 kg pillar onto the second-floor platform, intending to cause serious injury to the police officers dispersing an unlawful assembly; the pillar smashed a sign as it fell; the act also involved theft and criminal damage.
In accordance with the statutory sentences and sentencing guidelines under section 18 (attempted grievous bodily harm) and section 23 (throwing objects from a height) of the Criminal Offences Ordinance, sections 2 and 7 of the Theft Ordinance, and section 60 of the Criminal Offences Ordinance.
The defendant’s act of hurling a heavy object was highly dangerous and targeted at police officers, posing great risk to society; the absence of prior convictions is a mitigating factor; the evidence for the fourth charge is unsubstantiated.
The court found the CCTV footage and witness testimonies to be consistent and reliable; the defence’s speculative hypotheses lacked evidence; the only reasonable inference is that the defendant threw the pillar with intent to harm and that the act constituted theft; the fourth offence was not established due to lack of intent.
The defendant was found guilty of the first charge of attempted grievous bodily harm, the second charge of throwing objects from a height, and the third charge of theft; the fourth charge of criminal damage was not established. (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 evening of 1 July 2020, while the defendant was participating in an unlawful assembly on the second-floor platform of Times Square in Causeway Bay, and riot officers rushed from the ground floor to the second floor, the defendant dropped a steel pillar belonging to a restaurant from the third floor. The pillar nearly struck officers and bystanders and damaged a notice board. The defendant denied all charges, but after trial was convicted of three offences: attempted grievous bodily harm, throwing objects from height, and theft.
Under sections 159J, 159G and 17 of the Criminal Offences Ordinance (Cap. 200), an attempt may be punished on the same basis as the completed offence, with the sentence determined in light of the facts and the surrounding evidence.
Although no physical injuries or fatalities resulted, the offence took place during a period of social unrest. Illegally throwing objects from a height undermines public authority and risks encouraging imitation. Furthermore, the defendant declined to seek leniency and showed no remorse. A deterrent sentence is therefore required to demonstrate the consequences.
The judge held that the defendant must be held accountable, and that a severe sentence was necessary to protect the safety of law enforcement officers and the public, and to prevent similar dangerous conduct from spreading.
The court set the starting point for the first offence at two years and six months’ imprisonment; the three-week term for throwing objects from height was ordered to run concurrently; the one-month sentence for theft was to be served consecutively; and the defendant was ordered to pay the restaurant HK$1,000 in compensation. In total, the defendant is to be imprisoned for 31 months. (Translated from Chinese to English by AI)
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