判刑理由書撮要(由AI生成)
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The judgment stated that on 29 September 2019 at the junction of Leighton Road and Wong Nai Chung Gap Road in Causeway Bay, the defendant, together with other unidentified individuals, blocked the road, threw petrol bombs and glass bottles, confronted the police and took part in a riot; during the incident, the defendant wielded a walking stick and a laser pointer, struck at officers carrying out their duties with the stick, and had spray paint cans and an unlicensed walkie-talkie in his backpack, intending to destroy property and communicate illegally, and was ultimately subdued and arrested by the police.
According to the Riot offence, the maximum penalty is ten years’ imprisonment, and reference is made to the Court of Appeal guidelines in considering the degree of premeditation, the number of participants, the level of violence, the use of weapons, and the social impact; additionally, offences involving weapons and items are sentenced according to their lethality and intent, while the offence of unlicensed communication devices is generally dealt with by a fine.
The defendant was a first-time offender with no prior convictions, pleaded guilty after committal for trial, and received sentence reductions of between one-quarter and one-third; throughout this period he expressed deep remorse, had a strong academic and employment background, and received family support, all of which were factors considered in sentencing.
In this case the riot was of moderate-to-mild scale and duration, did not cause serious injuries or significant property damage; the defendant did not play a leading role and the weapons had limited lethality; considering his family responsibilities and the ongoing stress of awaiting trial, the sentence may be moderately reduced.
The defendant was convicted of four offences, rioting, possession of an offensive weapon, possession of items with intent to destroy property, and unlicensed possession of a radio communication device (the assaulting an officer offence was filed); the sentences for these offences were ordered to run concurrently, resulting in a total term of 33 months’ imprisonment, and a fine of HK$2,000 was imposed for the unlicensed communication device offence. (Translated from Chinese to English by AI)
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