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 points out that on 2 November 2019, a riot took place on the first approximately 210-metre stretch of Johnston Road in Wan Chai; within about half an hour protesters blocked the road and hurled petrol bombs and miscellaneous objects. The police deployed tear gas and water cannon to disperse the crowd and detained the defendants. After trial, four individuals were convicted of participating in that riot and related offences.
The maximum sentence for rioting is ten years’ imprisonment. There are no specific sentencing guidelines; reference is made to cases such as Edward Leung’s, taking three years’ imprisonment as a starting point, with adjustments made according to the scale, the tools used and the defendant’s role.
The court adjusts the sentence up or down according to the scale of the riot, its duration, the weapons used and the defendant’s role and equipment on site (such as gas masks, cable ties, walkie-talkies, etc.), and applies the principle of totality to impose sentences for ancillary offences concurrently.
The judge considers that unlawful violence severely undermines public order and must be strongly condemned; sentencing must balance public safety with the defendant’s individual background and the circumstances of the case.
In the end, Defendant Three was sentenced to 45 months’ imprisonment for rioting and related offences; Defendant Five to 35 months, Defendant Seven to 34 months, and Defendant Eight to 37 months, all to be remanded in custody immediately. (Translated from Chinese to English by AI)
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