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 stated that the case originated from the siege of the Polytechnic University in November 2019. Ten defendants, in the area around the junction of Gascoigne Road with Jordan Road and Nathan Road, were prearranged and organised to rescue trapped protesters and obstruct police law enforcement. The protesters used petrol bombs, bricks, bamboo poles, etc., to create roadblocks and repeatedly threw incendiary devices at the police. Traffic and public services in the core area of Kowloon were completely paralysed. The police repeatedly issued verbal warnings and used water cannon, tear gas and rubber bullets to disperse the crowd, yet to no avail.
The maximum penalty for the offence of rioting is ten years’ imprisonment. The Court of Appeal has established a sentencing starting point of five years; if the circumstances are particularly serious, the sentence may be increased. The focus of sentencing is on the deterrent effect against collective violent behaviour.
Although most of the defendants are young, have no prior convictions and have shown remorse, their actions have constituted a serious challenge to social order and the rule of law. It is necessary to impose a substantial penalty for collective violence and destructive behaviour; personal background and circumstances may only be taken into account for discretionary mitigation.
The judge emphasised that the purpose of sentencing is to uphold the public interest and community peace. Although individual circumstances may evoke compassion, social stability and the rule of law take precedence. While limited leniency is permissible, collective violence must be met with a resolute response.
Based on each defendant’s specific actions in the riot, the preparation of equipment and the degree of remorse, the court ordered immediate imprisonment: the two principal participants were each sentenced to 56 months, while the remaining defendants received reduced sentences in light of their level of involvement and personal factors, resulting in final terms ranging from 44 to 50 months. (Translated from Chinese to English by AI)
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