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The judgement states that on 29 September 2019 at the junction of Leighton Road and Wong Nai Chung Road in Causeway Bay, the defendant gathered with over a hundred protestors to block the road, during which some protestors threw petrol bombs and glass bottles. The defendant and other front-liners advanced on the police line with hiking poles, bamboo sticks and other weapons, and attacked officers with the hiking poles. During this, a laser pointer, spray paint and an unlicensed radio were found on the defendant’s waist and in his rucksack. The defendant ultimately pleaded guilty to four charges: rioting, possession of offensive weapons, possession of articles with intent to destroy property and unlicensed possession of wireless communication devices; a separate charge of assaulting a police officer was filed by the court.
The offence of rioting, which carries a maximum sentence of ten years’ imprisonment, is sentenced based on factors including premeditation, number of participants, level of violence, use of weapons and impact on social order; other offences are sentenced in accordance with the relevant legislation and case law.
The sentence was based on a starting point of four years’ imprisonment for the first charge, reduced by one quarter for the defendant’s guilty plea before trial to three years; nine months for the third charge, reduced by one third to six months; six weeks for the fourth charge, reduced by one third to four weeks; and a fine of HK$2,000 for the fifth charge. Considering that the offences arose from the same incident, the sentences for the first, third and fourth charges were ordered to run concurrently, which would have amounted to 36 months, but were reduced by three months because the defendant was a first offender and had shown genuine remorse.
The judge held that the defendant was a first offender, that the incident occurred in the context of social unrest, that although weapons were used the risk of serious injury was limited, and that the defendant had shown genuine remorse and a determination to improve family relations and career prospects; accordingly, a moderate reduction was granted.
Ultimately, the defendant was sentenced to 33 months’ imprisonment, to be served concurrently on the first, third and fourth charges, and was fined HK$2,000 for the unlicensed possession of a wireless communication device. (Translated from Chinese to English by AI)
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