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 during the Central riot on 12 November 2019, thousands of protesters occupied roads, damaged traffic facilities, set objects alight and erected roadblocks, confronting the police. The six defendants wore black clothing and masks or protective visors, carrying umbrellas and other equipment, and were arrested at the emergency exit of the Landmark. One person had in his backpack lighters, spray paint and tools intended for property destruction. The defendants were convicted of rioting and of using face coverings during an unlawful assembly; one defendant also faced charges of possessing tools for destroying property and of possessing a radio communication device without a licence.
The maximum penalty for rioting is life imprisonment, with a general sentencing starting point of four to five years; the offence of using face coverings during an unlawful assembly is about six weeks; consideration is also given to the scale of the incident, its duration and the extent of the damage.
In this case, the riot lasted over three hours, was of a large scale and caused serious damage; however, the defendants were not organisers, had no prior convictions, pleaded guilty and produced letters of plea in mitigation, limiting the reduction in sentence. The sentence was set at four years’ imprisonment for rioting and six weeks for the face-covering offence, to be served concurrently.
The judge considered that the defendants’ actions seriously disrupted public order and warranted punishment; however, considering that their roles were not leading, that they had a low likelihood of reoffending and that they showed remorse by pleading guilty, a moderate reduction in sentence was granted.
Ultimately, the six defendants were each sentenced to four years’ imprisonment for the rioting offence; those involved in the face-covering offence were additionally sentenced to six weeks, to be served concurrent with the main sentence; the fifth defendant was also sentenced to three months’ imprisonment for possessing tools for destruction, with one month suspended; one defendant was further fined HK$1,500 for possessing a radio communication device without a licence. (Translated from Chinese to English by AI)
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