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 the defendant participated three times in riots involving several hundred people each, on 14 July, 5 August and 25 August 2019, respectively erecting roadblocks and confronting the police at New Town Plaza in Sha Tin, Wong Tai Sin and Tsuen Wan. During the riots, protesters attacked on-duty officers with hard objects such as umbrellas, water bottles, bricks, steel pellets and tear gas canisters. The defendant, dressed in dark clothing with a covered face, successively attacked and kicked a fallen officer with an umbrella and by hand and foot. In the Wong Tai Sin incident, he used a slingshot to fire steel pellets, striking an inspector’s lower lip. In the Tsuen Wan incident, he wielded a tennis racket to bat back a police tear gas canister. He was later arrested; police seized protest equipment and mobile communication records, in which the defendant admitted to participating in and assisting the organisation of the riots.
The maximum penalty for the offence of riot is ten years’ imprisonment. According to Court of Appeal precedents (eg Yang Jialun, Deng Haoxian, Liang Tianqi), sentencing must consider factors such as the violent nature of the group, the degree of premeditation, the number of participants, the types and quantities of weapons used, the scale and duration of the riot, and the extent of danger posed to public order and law enforcement safety, and must emphasise the need for deterrence.
The court assessed that all three riots were organised and premeditated, involved a large number of participants and were of moderate violence, but the defendant actively participated and assisted the organisers in purchasing and storing materials. The starting point for sentencing was fixed at 60 months’ imprisonment for each count; after a reduction for his guilty plea, each was reduced to 40 months. As the three riots occurred at different times and locations, they must be served consecutively under the law, resulting in a total sentence of 52 months.
The court held that the offence of riot is of a serious nature and must be met with immediate imprisonment to provide a strong deterrent, in order to maintain public order and the safety of law enforcement personnel, and that any gratuitous and serious violence cannot be tolerated.
The defendant was sentenced to a total of 52 months’ imprisonment for the three riot offences, with each sentence to be served consecutively under the principle of overall sentencing, in order to reflect the seriousness of the offences and achieve the intended deterrent effect. (Translated from Chinese to English by AI)
查看完整判刑理由書