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 in mid-2020 the defendant participated in an unauthorised demonstration in Causeway Bay, Hong Kong, where, together with over a thousand protesters, they blocked roads, set fires, and vandalised shops and public property. During the event, a passerby who criticised the protesters’ conduct was surrounded and assaulted by multiple protesters including the defendant, both with bare hands and using long umbrellas and stick-like weapons, resulting in a laceration to the scalp, bruising to the back, and other injuries. The defendant initially denied the charges of riot and assault; after the court ruled the prima facie evidence admissible, he pleaded guilty. The other defendants, through plea negotiations, each pleaded guilty to unlawful assembly and wounding with intent.
In accordance with Court of Appeal precedents on sentencing principles for riot (maximum sentence 10 years), unlawful assembly (maximum sentence 5 years), and the offence of causing grievous bodily harm with intent (punishable by up to life imprisonment), and taking into account relevant factors of the case, the sentencing starting points were determined.
In sentencing, the court considered factors including the scale of the assembly and degree of violence, the defendant’s role and level of participation, the use of weapons and injury outcomes, the timing of the guilty plea, absence of prior convictions, and expressions of remorse; accordingly, a starting point of 36 months was set for riot, 30 months for unlawful assembly, and 36 months for wounding with intent, with reductions applied for the guilty plea and other mitigating circumstances.
The judge observed that although the riot arose spontaneously on site without elaborate planning, the violence was grave and the victim was isolated and defenceless; the defendant’s conduct escalated the conflict and required stern punishment for deterrent purposes; at the same time, the defendant’s background and genuine remorse warranted an appropriate reduction.
Defendant One is sentenced to a total of 34 months’ imprisonment for riot and wounding with intent; Defendant Two to a total of 25 months’ imprisonment for unlawful assembly and wounding with intent; Defendant Three to a total of 19 months’ imprisonment for the same offences; and Defendant Four is sentenced to detention at a training centre for unlawful assembly and wounding with intent, to be served concurrently, with a three-year supervision order. (Translated from Chinese to English by AI)
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