判刑理由書撮要(由AI生成)
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The judgment states that the four defendants participated in an unlawful assembly during an unauthorised march in the Causeway Bay area. At approximately 3:15 pm, the victim, having condemned the protesters, walked away alone and was suddenly surrounded by a group of demonstrators who repeatedly beat him with umbrellas, hard objects and bare hands, knocked him to the ground and threw metal road signs at him, causing multiple lacerations and bruises to his head, limbs and back. The second to fourth defendants pleaded guilty to unlawful assembly and intent to wound prior to trial, while the first defendant, after a prima facie case was found, pleaded guilty to rioting and wounding.
For unlawful assembly the maximum sentence is five years’ imprisonment, for rioting ten years, and for intent to cause grievous bodily harm life imprisonment; citing principles from relevant cases, factors to consider include the scale of the riot, the number of participants, motives, use of force and consequences, as well as the role of each defendant and whether the act was premeditated.
In this case the unlawful assembly showed signs of premeditation, with over a thousand participants and acts of property damage; the victim, alone, was surrounded and beaten by more than 20 demonstrators and suffered serious injuries; the violence lasted for more than a minute, constituting a riot; although the four defendants did not plan or organise the event, they each joined in the assault in different ways and must be severely punished as a deterrent; the starting point for sentencing was 36 months for rioting and wounding respectively, and 30 months for unlawful assembly, with reductions for early plea, attitude during the offence, no or minor prior convictions and remorse.
The judge considered that the defendants were not habitual violent offenders and that the offence was impulsive, clearly influenced by the social atmosphere; however, to uphold the rule of law and deter similar conduct, a deterrent sentence was necessary; for the young defendants, there should be a balanced consideration of opportunities for rehabilitation and the public interest.
The first defendant was sentenced to 34 months’ imprisonment, to be served concurrently for rioting and wounding; the second defendant was sentenced to 25 months’ imprisonment, to be served concurrently for unlawful assembly and wounding; the third defendant was sentenced to 19 months’ imprisonment, to be served concurrently for unlawful assembly and wounding; the fourth defendant was committed to a training centre for unlawful assembly and wounding, to be served concurrently. (Translated from Chinese to English by AI)
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