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 threw umbrellas and water bottles and kicked a police officer during the rioting at New Town Plaza in Sha Tin on 14 July 2019; on 5 August in Wong Tai Sin fired steel balls at a police superintendent’s lower lip using a slingshot; on 25 August in Tsuen Wan struck back a tear gas canister with a tennis racket. All three riots were premeditated, involved hundreds of participants, and the defendant also assisted in purchasing and storing supplies to support the organisers.
According to the maximum ten-year imprisonment for riot offences and relevant case law, sentencing must take into account several factors in combination: whether the defendant assisted group activities, involvement in other offences, the type of weapons used, the number of participants, the duration and scale of the riot, and the degree of threat to public order and the safety of law enforcement officers, in order to achieve strong deterrence and uphold the rule of law.
In this case, all three riots were organised and involved the use of moderately serious weapons. The defendant engaged in substantive acts of violence on each occasion and assisted the organisers in procuring supplies. The sentencing base for each was set at 54 months, with an additional six months for aggravating factors, bringing each to 60 months. Considering the guilty plea, this was reduced to 40 months for each count. However, because the three riots occurred separately, part of the sentences must run consecutively, resulting in a total effective sentence of 52 months.
The court held that immediate imprisonment was the only appropriate option to reflect the seriousness of the facts and achieve societal deterrence; but, taking into account the defendant’s guilty plea, a moderate reduction was granted, and it did not accept fully concurrent sentencing for the three counts, in order to protect public order and the safety of law enforcement officers.
The defendant is to be immediately imprisoned for 52 months. (Translated from Chinese to English by AI)
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