判刑理由書撮要(由AI生成)
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The judgment stated that the defendant participated in a riot within the campus grounds of the Hong Kong Polytechnic University between 9 and 18 November 2019. Protesters built roadblocks and damaged facilities on campus, using petrol bombs, bows and arrows and other forms of violence to confront the police, and repeatedly did not receive evacuation warnings. On the evening of 17 November, the police sealed off the campus; the next day, about 100 people tried to break through from a non-designated exit on the Transport Corridor. The defendant, together with others, formed a phalanx, threw petrol bombs and bricks and shot arrows at frontline officers, during which they were intercepted and arrested by the police.
The maximum sentence for riot is 10 years’ imprisonment; the sentencing starting point, according to the seriousness of the offence, is generally 5 to 6 years’ imprisonment, taking into account factors such as whether the riot was premeditated, the number of participants, the level of violence and its duration; the purposes of sentencing are punishment and deterrence.
In this case, the riot was organised, premeditated and lasted for more than one week; a large number of protesters confronted the police with weapons, and the defendant, shortly after involvement, reoffended in another riot, which is an aggravating factor; however, the defendant’s guilty plea is a mitigating factor.
The court considered that it is necessary to respond severely to violent acts that disregard the rule of law and social order, in order to prevent similar incidents from recurring, and that political motivation does not constitute a mitigating factor.
The defendant pleaded guilty to the offence of riot. After considering all sentencing factors, the court imposed 24 months’ imprisonment, to be served consecutively with the sentence imposed in another riot case. (Translated from Chinese to English by AI)
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