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 stated that on the evening of 13 October 2019 the defendant and several dozen protesters gathered around Tong Ming Street and Tong Jun Street in Tseung Kwan O. Suspecting that PW1 was an undercover police officer, they surrounded and unlawfully confined him and demanded his identification and belongings, during which some people pulled his hair and attacked him with hammers or umbrellas; after PW1 escaped, he was again surrounded and beaten at locations including Tong Jun Street, sustaining serious injuries and requiring hospitalisation, and PW2 also suffered minor injuries during the rescue. The defendant(s) either pleaded guilty or were convicted after trial of offences including unlawful assembly, unlawful confinement, rioting, causing grievous bodily harm with intent, and inflicting grievous bodily harm on others.
Rioting: starting sentencing benchmark three years’ imprisonment; unlawful assembly: starting benchmark ten months; unlawful confinement: starting benchmark one year; causing grievous bodily harm with intent: starting benchmark three years; inflicting grievous bodily harm on another person: starting benchmark twenty months.
In arriving at the sentence, the court took into account the nature, scale and duration of the offences, the seriousness of the injuries sustained by the victims, the defendant’s role and their plea or conduct at trial, and adjusted the term on a discretionary basis in light of personal background, remorse and the degree of credit for the plea.
He severely condemned the violent acts against on-duty police officers, finding that although this case was provoked on the spot, the circumstances of unlawful confinement and assaulting the police were serious and required punishment reflected in the sentence; at the same time, he considered the mitigating factors, and therefore reduced part of the term.
In the end, Defendant 1 was sentenced to 30 months’ imprisonment for unlawful confinement, inflicting grievous bodily harm on another person and rioting; Defendant 2 was sentenced to 7 months’ imprisonment for unlawful assembly; Defendant 3 was sentenced to 10 months’ imprisonment each for unlawful confinement and unlawful assembly, to be served concurrently; Defendant 4 was sentenced to 27 months’ imprisonment concurrently for causing grievous bodily harm with intent and rioting; and Defendant 5 was sentenced to 37 months’ imprisonment concurrently for unlawful confinement, causing grievous bodily harm with intent, rioting and the use of a facial covering. (Translated from Chinese to English by AI)
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