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。
According to the judgment, at about 21:00 on the evening of 26 January 2020, in the area of Portland Street and Shantung Street in Mong Kok, what was originally a gathering ‘to commemorate the Fish Ball Revolution’ evolved into a riot in which protesters blocked roads, piled up and set fire to miscellaneous objects, and confronted riot police. The defendant then occupied a traffic lane at 23:05, held up an umbrella formation and shouted slogans, and later at 00:54 on 27 January, together with others, pushed down a passer-by and stamped on them four times with his foot, causing the other party to receive seven stitches in the head and other minor injuries. Officers arrived at 00:57 and 01:12 respectively and arrested the defendant, who was subsequently charged with riot and assault.
Sentencing guidelines for the offence of riot are three years’ imprisonment, and for assault are one year’s imprisonment, with reference to the twelve sentencing factors in the Court of Appeal cases of Leung Tin-kei, Tang Ho-yin, Yeung Ka-lun and others.
The defendant joined the incident on the spot, played a minor role and had no premeditation; this was his first offence and he suffers from an autism spectrum disorder affecting social interaction and emotional recognition; he admitted and pleaded guilty to the assault and was therefore given the maximum 25% credit for guilty plea, and, having regard to his age and the delay in proceedings as mitigating factors, the assault occasioned only minor injuries.
The judge considered that while the sentence must have a deterrent effect, it must also take individual justice into account, and, considering the impact of the defendant’s autistic tendencies on his cognitive and moral capacity, imposed a lenient sentence within the statutory limits.
Ultimately, the defendant was sentenced to 24 months’ imprisonment for riot and nine months’ imprisonment for assault, to be served concurrently, for a total of 24 months’ imprisonment. (Translated from Chinese to English by AI)
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