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 escalation of the 2019 anti-extradition amendment bill protests, culminating in the siege of the Hong Kong Polytechnic University on 18 November, ten defendants participated in the riot at locations including the junction of Gascoigne Road and Nathan Road. They erected barricades, threw petrol bombs and bricks, and disrupted public order. Some defendants also illegally carried offensive weapons such as wooden hammer handles and laser pointers.
The maximum penalty for rioting is 10 years’ imprisonment, with a starting point of 5 years; in serious cases this can be increased. The offence of possessing a weapon may attract additional penalties, focusing on deterrence and maintaining public order.
Based on the defendants’ degree of premeditation, the scale of the collective violence and its harm to society, and after considering mitigating factors such as their youth and lack of prior convictions, a moderate reduction from the starting point was applied, but overall deterrence remained paramount.
The judge considered that while personal background and remorse could be taken into account, collective violence undermines the rule of law and public tranquillity, and the sentence could not be significantly reduced because of youth or good character.
Defendants 1 and 2 were each sentenced to 56 months’ immediate imprisonment; defendants 4 to 7 and defendant 10 were each sentenced to 50 months’ immediate imprisonment (defendant 10’s term reduced to 44 months after a plea discount); defendant 9 was sentenced to 48 months’ immediate imprisonment; the sentences for weapon possession are to be served concurrently with the principal sentences. (Translated from Chinese to English by AI)
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