判刑理由書撮要(由AI生成)
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The judgment notes that on 2 November 2019, a riot broke out on the section of Johnston Road in Wan Chai and the surrounding side streets. Over a hundred protesters dressed in black and masked themselves, blocked roads, set up barricades, and threw petrol bombs and miscellaneous objects. The police deployed tear gas and water cannon to disperse them. The court divided these intense actions into three separate riots; the riot on the section of Johnston Road lasted about half an hour. The defendants participated on site and possessed items such as gas masks, zip ties and communication devices to supply others or block roads. Following a trial, they were found guilty of riot and other ancillary offences.
With reference to Court of Appeal rulings, the baseline sentence for riot is three years’ imprisonment; it may extend to ten years; consideration is given to the riot’s scale, duration, use of weapons, the defendant’s role and any ancillary offences; the total sentence principle or concurrent execution is applied.
In this case, the riot covered approximately 210 metres and lasted about half an hour. It was spontaneous and improvised, with no property damage or serious injuries, but involved violent acts such as blocking roads, throwing petrol bombs and setting a trolley alight; the defendant’s possession of equipment to supply others or obstruct roads warranted an upward adjustment owing to their role and the quantity of materials, with the court exercising its discretion to reduce the sentence by three months; ancillary offences (unauthorised possession of communication devices, possession of zip ties, etc.) will be served concurrently with the riot sentence.
The judge held that riot is a serious crime that should be condemned and reflected in the sentence; although the incident was unplanned and the defendant held no leadership role, it was of moderate severity, so after weighing all factors a proportionate punishment was imposed.
Defendants one to four were respectively sentenced for riot to imprisonment terms of 45 months, 35 months, 34 months and 37 months; the sentences for the other ancillary offences will run concurrently with those for riot. (Translated from Chinese to English by AI)
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