anti-elab-2683 DCCC203/2021 Riot

文件編號:

anti-elab-2683

案件編號:

DCCC203/2021

控罪:

Riot

涉事日期 :

2019-11-18

涉事地點 :

PolyU (The Hong Kong Polytechnic University)

判決理由書/裁決書撮要(由AI生成)

以下撮要以AI生成及/或翻譯,內容以原來的判決理由書/裁決書為準

No Reasons for Verdict.

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 participated in a riot with about 100 protesters on Wai Cheung Wan Road outside the PolyU campus, formed an umbrella formation and attacked the police line with bows and arrows, petrol bombs, etc., and was subsequently arrested by officers on a footbridge.

For the offence of rioting the maximum sentence is 10 years. Sentencing is primarily for punishment and deterrence. The Court of Appeal indicated a starting point of six years, and a guilty plea can reduce the sentence by up to 25%.

The riot was organised and premeditated, involved the use of weapons and a formation to breach the lines, and formed part of the PolyU riot; the defendant had relevant prior convictions, warranting an increased sentence; however, a timely guilty plea warranted a moderate reduction.

The punishment should reflect the overall seriousness of collective violence and must impose a strong deterrent against such conduct that flouts the rule of law and endangers the safety of law enforcement officers.

The defendant was sentenced to 24 months’ imprisonment, which is to run consecutively with the 4 years and 9 months’ imprisonment imposed in the earlier cases DCCC410/2020 and 35/2021. (Translated from Chinese to English by AI)

查看完整判刑理由書

Case Details

File No. anti-elab-2683
Case No. DCCC203/2021
Judge Mrs. TSE CHING Adriana Noelle
Court District Court No. 23
Verdict Convicted
Charge Riot
Sentence Imprisonment
Incident Date 2019-11-18
Incident Location PolyU (The Hong Kong Polytechnic University)
Reasons for Verdict (AI Summary) No Reasons for Verdict.
Reasons for Sentence View
Reasons for Sentence (AI Summary) The judgment states that on 18 November 2019 the sixth defendant participated in a riot with about 100 protesters on Wai Cheung Wan Road outside the PolyU campus, formed an umbrella formation and attacked the police line with bows and arrows, petrol bombs, etc., and was subsequently arrested by officers on a footbridge.</p><p>For the offence of rioting the maximum sentence is 10 years. Sentencing is primarily for punishment and deterrence. The Court of Appeal indicated a starting point of six years, and a guilty plea can reduce the sentence by up to 25%.</p><p>The riot was organised and premeditated, involved the use of weapons and a formation to breach the lines, and formed part of the PolyU riot; the defendant had relevant prior convictions, warranting an increased sentence; however, a timely guilty plea warranted a moderate reduction.</p><p>The punishment should reflect the overall seriousness of collective violence and must impose a strong deterrent against such conduct that flouts the rule of law and endangers the safety of law enforcement officers.</p><p>The defendant was sentenced to 24 months' imprisonment, which is to run consecutively with the 4 years and 9 months' imprisonment imposed in the earlier cases DCCC410/2020 and 35/2021. (Translated from Chinese to English by AI)

裁判官/法官:

Mrs. TSE CHING Adriana Noelle

法院:

District Court No. 23

認罪:

沒有

罪成:

Convicted

判刑:

Imprisonment

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