判刑理由書撮要(由AI生成)
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Judgment stated that in the early hours of 17 and 23 November 2019, the defendant, together with another accomplice, transported foam plastic and liquid accelerant to the district councillor’s office in Wah Sum Estate, Fanling, where they first set fire to the walls and equipment, causing scorch marks on the wall, damage to two notice boards, an exhaust fan and a CCTV camera, with losses of approximately HK$14,500; six days later they set fire again, blackening the wall surface, with cleaning costs of about HK$1,000. Afterwards the two, masked, fled, and when stopped by police in the early hours of the second incident they were found carrying gloves, scarves, a lighter and cans of accelerant, and confessed to lighting the fires for amusement.
Arson is an extremely serious offence punishable by life imprisonment. However, with no clear sentencing guidelines, sentencing must take into account the nature of the conduct, the extent of damage, and the deterrent and preventive effects of the sentence, while also safeguarding public safety and preventing the risk of fire spread.
In view of the politically motivated conduct and its impact on public safety, and despite the youth of the offenders, they were mentally mature and capable of understanding the consequences of their actions. Youth alone does not suffice for a full sentence reduction; the sentence must also address punitive and corrective objectives to prevent reoffending. An order to attend a labour training centre strikes a better balance between the defendant’s reform needs and the deterrent effect of the sentence, and was therefore imposed.
Although the defendant acted under the incitement of others, they demonstrated a clear political stance. Youth is not a justification for exemption from punishment. Through the labour training centre, the defendant should cultivate respect for the law and a sense of responsibility; if they reoffend, youth will no longer be accepted as an excuse.
For the two counts of arson, the defendant was spared imprisonment and instead ordered to attend a labour training centre. They must pay HK$7,250 in compensation for the first count and HK$500 for the second count by 4pm that day; failure to pay will result in one month’s imprisonment. (Translated from Chinese to English by AI)
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