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, between June and November 2019, under the evolution of the anti-extradition bill protests, ten defendants organised and participated in a riot, particularly during the siege of the Hong Kong Polytechnic University on 18 November, in the areas around Gascoigne Road and Nathan Road, where they threw petrol bombs at the police, erected barricades and obstructed public passage. Several defendants were also involved in possession of offensive weapons or instruments. After trial, all were convicted of riot and related charges, except for the eighth defendant.
The maximum penalty for riot is ten years’ imprisonment, with no clear sentencing guidelines; the Court of Appeal has set five years’ imprisonment as the sentencing starting point, and it may be increased for more serious cases.
Sentencing focuses on social deterrence, addressing collective violence and destructive conduct; it considers the defendant’s level of participation, personal background, remorse, age and whether they possessed offensive instruments, and allows for adjustment from the starting point on that basis.
Emphasises social tranquillity and the upholding of the rule of law, holding that individual circumstances are not the primary consideration; adult defendants are expected to exercise self-restraint, and youth or lack of prior convictions do not justify reduced sentences, nor should pure sympathy warrant leniency.
The first and second defendants were each sentenced to fifty-six months’ imprisonment; the fourth, fifth, sixth and seventh defendants were each sentenced to fifty months’ imprisonment; the ninth defendant to forty-eight months’ imprisonment; the tenth defendant to forty-four months’ imprisonment; the eighth defendant was acquitted. (Translated from Chinese to English by AI)
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