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 stated that on 18 November 2019, the defendant, together with about one hundred protesters, attempted to break out from the police cordon and escape along Cheong Wan Road outside the Hong Kong Polytechnic University in Kowloon. In the course of this, they used weapons including bows and arrows, petrol bombs and bricks, and came into conflict with the police line. The action formed part of the more-than-seven-day PolyU riot, during which protesters occupied the campus, erected roadblocks and seriously damaged facilities. The police issued multiple warnings and ultimately carried out arrests; consequently, the defendant was intercepted and arrested during the clashes and pleaded guilty to an alternative charge of rioting.
The maximum sentence for rioting is ten years’ imprisonment. The Court of Appeal has established a sentencing starting point of five to six years’ imprisonment; in particularly serious cases, or those involving substantial damage or casualties, the starting point may be increased to over six years. Sentencing aims to punish and deter.
The defendant took part in an organised, premeditated riot lasting over seven days, using weapons alongside the group to confront the police; although he held no leadership role, he assisted the group’s criminal conduct; he also had a previous conviction for rioting, which is an aggravating factor; despite receiving a reduction for an early guilty plea, the seriousness of the offence still needs to be reflected.
The court held that a sentence with strong deterrent effect is necessary for participants in rioting, to uphold the rule of law and social order and to prevent similar incidents occurring again. Sentencing must be firm and proportionately responsive to the defendant’s repeat offending and the impact on society.
The defendant was sentenced to twenty-four months’ imprisonment, to be served consecutively with the sentences in his prior case numbers DCCC 410/2020 and 35/2021. (Translated from Chinese to English by AI)
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