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 notes that during the 2019 anti-extradition protests, the ten defendants at the intersection of Gascoigne Road and Nathan Road in Kowloon facilitated the transport of petrol bombs, erected roadblocks and took part in a riot involving at least 500 people, using bamboo poles, bricks and petrol bombs to confront the police. The fourth defendant had a hammer handle hidden in their backpack and the fifth defendant possessed a laser device; they were each convicted of possessing an offensive weapon. Following trial and pleas of guilty, all but the eighth defendant were found guilty of rioting.
The offence of rioting carries a maximum sentence of ten years’ imprisonment, with a sentencing starting point of five years; Court of Appeal precedent states that non-spontaneous riots should attract an upward adjustment.
Sentencing emphasizes deterrence and prevention of collective violent behaviour, specifically addressing the disruption to public order and the social rule of law caused at protest sites.
Although most defendants are young and have no prior record, individual background is not a principal consideration; maintaining social peace and ensuring compliance with the law and the public interest are paramount.
Taking into account the case details, the defendants’ guilty pleas, remorse and personal factors, the court imposed prison sentences of between 44 and 56 months for rioting and related weapons offences, all to be served immediately. (Translated from Chinese to English by AI)
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