判刑理由書撮要(由AI生成)
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The judgment states that defendants one to four participated in an unauthorised protest and unlawful assembly on the day of the incident. During this time, protesters erected roadblocks and vandalised shops in the Causeway Bay area, and at the junction of Leighton Road and Caroline Hill Road attacked a lone pedestrian with umbrellas, metal signboards and other hard objects, causing multiple lacerations and contusions to the head and body. The defendants were later arrested and pleaded guilty to unlawful assembly, rioting, and intent to cause grievous bodily harm.
Involving unlawful assembly (maximum five years’ imprisonment), rioting (maximum ten years’ imprisonment) and intent to cause grievous bodily harm (life imprisonment possible). Sentencing must take into account the degree of violence, scale of participation, use of weapons, duration and resulting harm, and should focus on punishment and deterrence.
The protest had features of collective destruction and escalating violence; the victim was surrounded and beaten by multiple assailants, causing injury and seriously undermining public order. However, the defendants were not ringleaders and there were mitigating factors, including guilty pleas, remorse, and family responsibilities.
The judge considered that the defendants acted on impulse and were not habitual offenders, but their conduct clearly fuelled the riot and endangered others’ safety. A deterrent sentence is necessary to uphold the rule of law, while also considering the defendants’ backgrounds and prospects for reform.
Defendant one was sentenced to 34 months’ imprisonment; defendant two to 25 months’ imprisonment; defendant three to 19 months’ imprisonment, to run concurrently; defendant four was sent to a reformatory to serve his sentence, to run concurrently. (Translated from Chinese to English by AI)
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