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 1 July 2019 the four defendants participated in a premeditated riot in the city centre. Around two to three hundred protesters, wearing equipment such as helmets and masks, threw umbrellas and bottles and pushed steel barricades and red caged vans to obstruct police law enforcement. The incident lasted for nearly 100 minutes and, despite multiple police warnings, the crowd did not disperse, causing serious disruption to public access and order. The four defendants were found guilty of rioting after trial and all had no prior convictions.
The maximum penalty for rioting is ten years’ imprisonment. Referring to relevant Court of Appeal cases, sentencing guidelines take into account the degree of planning, the number of participants, use of weapons, duration, public harm, and the defendant’s role in the riot. Generally, active participants face a starting point of four years or more, while those who encouraged others are set at three to four years.
In this case the riot was of moderate severity, due to its premeditation, the participation of some two to three hundred people, its duration of 99 minutes, multiple assaults on police officers and serious public nuisance, necessitating a deterrent sentence; however, factors such as the defendants’ lack of prior convictions, good character, the stress of delays during the waiting period for trial, and juvenile status (two defendants aged 14) are all mitigating factors.
The judge considered that sentencing should balance the public interest with the defendants’ rehabilitation needs, imposing immediate imprisonment on adults to achieve deterrence, while prioritising training centre orders for the juveniles, balancing punishment with the opportunity for reform.
In this case the two adult defendants were each sentenced to three years’ imprisonment; the two defendants who were juveniles at the time of the offence were each ordered to be detained in a training centre in lieu of immediate imprisonment. (Translated from Chinese to English by AI)
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