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 18 November 2019, the sixth defendant, together with about a hundred protesters, attempted to break through and escape along Cheung Wan Road outside The Hong Kong Polytechnic University, after police had sealed off the campus for consecutive days and issued repeated warnings to no avail. The protesters, wearing protective gear and forming a shield wall with umbrellas, threw petrol bombs, bricks and other projectiles such as arrows at the officers, and engaged in violent confrontations with the police line. Ultimately, the defendant was subdued and arrested by officers while fleeing.
The maximum sentence for the offence of riot is ten years’ imprisonment. In sentencing, one must consider factors such as whether the conduct was premeditated, organised, the numbers involved, the level of violence used, the duration, and its impact on public order. The appropriate starting point is usually six years’ imprisonment.
As a participant in a seven-day, large-scale, prolonged riot, the defendant, although he did not directly lead or personally throw multiple weapons, took part in collective actions that caused a serious public crisis; moreover, the defendant had recently been convicted of riot himself and is therefore a recidivist, warranting increased sentencing; however, since the defendant pleaded guilty at an early stage, a discretionary reduction may be applied.
The court is of the view that a sentence with strong deterrent effect is necessary to curb similar violent acts, and must take into account the overall facts of the case as admitted by the defendant, to ensure that the sentence both reflects individual responsibility and addresses the serious challenge to the safety of law enforcement personnel and to public order.
The defendant was sentenced to 24 months’ imprisonment, to be served consecutively with the previously imposed sentence for the offence of riot. (Translated from Chinese to English by AI)
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