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 the evening of 19 October 2019, during a protest in Tseung Kwan O, Defendants 1 to 5 first surrounded an undercover police officer (Location A) outside the exit of Tong Ming Street Park, unlawfully detaining him and checking his identity documents; there were about thirty to forty people on the scene, some wielding wrenches, hammers and umbrellas; subsequently, as the officer fled to Location B and then Location C, he was attacked again, assaulted with punches, kicks and instruments, resulting in multiple lacerations and a fractured nasal bone; the entire incident evolved into an unlawful assembly and riot, and the officer was eventually rescued by others and taken to hospital for treatment.
The benchmark sentence for riot is three years’ imprisonment; for unlawful assembly, ten months; for unlawful imprisonment, one year; for assault with intent to cause grievous bodily harm, three years; and for grievous bodily harm, twenty months.
The judge considered the footage of the scene, whether the defendants used weapons, their degree of participation and the harm caused to the officer; the offence was not premeditated, the events were of short duration and some defendants played minor roles, but the assault on an on-duty police officer was a serious breach of the law; therefore, the sentence was adjusted upwards or downwards from the guidelines, and a discretionary reduction was applied due to the defendants’ guilty pleas, good character and family circumstances.
The judge held that on-duty police officers are afforded special protection under the law, and any unlawful detention and assault against them must be met with severe condemnation; sentencing must balance punishment and deterrence and reasonably reflect the varying roles of each defendant; while allowances may be made for guilty pleas and mitigating factors, the overall sentence must still reflect the seriousness of the offences.
Defendant 1 was sentenced to a total of 30 months’ imprisonment for unlawful imprisonment, grievous bodily harm and riot; Defendant 2 was sentenced to seven months’ imprisonment for unlawful assembly; Defendant 3 was sentenced to 10 months’ imprisonment, to run concurrently, for unlawful imprisonment and unlawful assembly; Defendant 4 was sentenced to 27 months’ imprisonment, to run concurrently, for assault with intent to cause grievous bodily harm and riot; Defendant 5 was sentenced to 37 months’ imprisonment, to run concurrently, for unlawful imprisonment, assault with intent to cause grievous bodily harm, riot and wearing a face covering. (Translated from Chinese to English by AI)
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