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 states that on the evening of 5 September 2019, during a protest in front of Mong Kok Police Station, the defendant first attempted to set fire to the station’s main gate by igniting a plastic bag, and later at the junction of Prince Edward Road West and Nathan Road used a walking stick to forcefully strike and shake the traffic lights for three minutes. The defendant was subsequently arrested and pleaded guilty to two charges. The defendant is a 19-year-old of Pakistani descent with mild intellectual disability, and has previously received a probation order for assault.
The offence of arson is a serious crime, with the usual sentence being four to five years’ imprisonment. For juveniles, deterrence and public protection must be considered, and under the Rehabilitation Centre Ordinance the periods of detention for training centres, rehabilitation centres and supervision orders are delineated accordingly.
In this case, only a small fire was ignited, no substantial damage or personal injury was caused, and the defendant is young, intellectually disabled and remorseful, with a special personal and family background, and preliminary rehabilitation results have been observed. Therefore, it is considered that detention in a rehabilitation centre should be adopted to emphasise reform and reintegration into society.
The judge considers that, although punishment and deterrence must be balanced, given the defendant’s youth, limited mental capacity and minor conduct, and in light of the initial rehabilitation report showing an improved attitude, the focus of the penalty should be on education and rehabilitation, in accordance with the principle of individualised sentencing.
On two counts of attempted arson and attempted criminal damage, the defendant was sentenced under the Rehabilitation Centre Ordinance to detention in a rehabilitation centre, with an initial period of not less than two months and up to five months, a subsequent period of one to four months, and is to be subject to a one-year supervision order. (Translated from Chinese to English by AI)
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