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,on the evening of 29 February 2020,the defendant participated in a memorial gathering in the Mong Kok and Prince Edward areas,during which individuals set up roadblocks to obstruct traffic,Officer PW1 immediately alighted from the vehicle to pursue,and was then surrounded and assaulted by a crowd throwing debris,in the chaos the defendant repeatedly threw water bottles and bamboo sticks at PW1,and pursued the officer along Nathan Road for approximately 200 metres before being arrested。
Refer to the sentencing considerations for the offence of riot established in the Leung Tin-kei case,包括 the nature of the riot (spontaneous or premeditated)、the number of participants、the degree of violence and the use of weapons、the duration and geographic scope、harm to or disruption of the public or property、the impact on public order、the defendant’s role and attitude to pleading guilty etc。
In this case the defendant threw objects at the officer on three occasions and picked up bamboo sticks to pursue,thus escalating the violence,had the injured officer not received timely assistance,the consequences would have been unforeseeable;however the defendant was not a leader,had impaired judgment due to mental condition,and had no prior convictions,pleaded guilty mid-trial saving court resources。
Using the sentencing starting point of five years from similar cases,and considering the defendant’s role and mitigating factors,reduced it to a starting point of four years and three months,and due to the guilty plea further reduced it to two years and ten months。
The defendant was sentenced to two years and ten months’ imprisonment for one count of the offence of riot。 (Translated from Chinese to English by AI)
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