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 in the early hours of 7 August 2020 at around 2:00 am, the five defendants, wearing black clothing and masks, used a hard object to smash the cash register screen and other equipment in a bakery shop in a shopping centre in Tseung Kwan O. They set fire to an item for about thirteen seconds before extinguishing it, causing damage to the shop’s barrier, cash register screen, Octopus card reader, scanner, wooden door and display window, among other fixtures. Soot from the fire blackened the floor and table surface over an area of approximately one square metre. The total cost of cleaning, repairs and replacement for the shop amounted to about HK$40,140. The defendants pleaded guilty to criminal damage, and the arson charge was filed away.
Referring to numerous sentencing review cases in the Court of Appeal, criminal damage falls under Section 60(1). The sentence must be adjusted based on the risk assessment to property and personal safety, the defendant’s age and plea attitude, and must also consider relevant precedents for rehabilitative measures.
Both defendants were first-time offenders, were young and pleaded guilty early. Their conduct was of low to moderate risk, of short duration, with no crowd or threat to personal safety. Having considered reports on probation orders, community service orders, rehabilitation centres, labour training centres and reformatories, it was assessed that a rehabilitative sentence would be more proportionate and better address the need for rehabilitation.
Punishment must ensure order, penalty, education and rehabilitation. Based on case guidelines and the assessment of the defendants’ personal backgrounds, a closed rehabilitation centre disposition was adopted to balance punishment and rehabilitation.
The first defendant was sentenced to a mandatory rehabilitation centre order; the second defendant to a labour training centre order. (Translated from Chinese to English by AI)
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