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 the defendant participated in a protest in Mong Kok on the evening of 26 January 2020, which escalated into a riot. At 00:54 the following day, the defendant and others surrounded and assaulted a victim, stamping on them with a foot before fleeing into a restaurant to hide. Three minutes later, he was arrested by the police. He later pleaded guilty to riot and assault charges.
The court, in accordance with section 19 of the Public Order Ordinance and section 19 of the Offences against the Person Ordinance, and referring to Court of Appeal cases, has established a sentencing range for riot of about 36 to 54 months, and a benchmark sentence for assault of 12 months.
The defendant’s actions were unplanned on the spot, with minimal equipment, and he played a secondary role in the group assault; the wounding was a collective attack with only minor injuries; furthermore, his autism spectrum disorder led to misunderstanding and a guilty plea, entitling him to a 25% sentence reduction, with additional mitigation for youth and trial delay.
The court considers that sentencing must balance deterrence with individual justice, accepts that the defendant’s responsibility was diminished by autism, and must take into account his youth and the stress caused by the prolonged proceedings.
The defendant was sentenced to 24 months’ imprisonment for riot and 9 months’ imprisonment for assault, with the sentences to run concurrently, resulting in a total of 24 months’ imprisonment. (Translated from Chinese to English by AI)
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