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 stated that on or about 7 pm on 27 October 2019, the defendant gathered with about seventy persons outside the Sham Shui Po Government Offices, set up barricades and some individuals started a fire outside the rolling shutter. The defendant, dressed entirely in black clothing and wearing a face mask, held suspected petrol bomb materials and a metal rod, and attempted to manufacture and throw incendiary devices under cover of the fire. Police officers recorded the incident via rooftop and roadside surveillance cameras and subdued the defendant at the scene. A helmet, a gas mask, flammable liquids, ignition tools and metal rods were recovered from the defendant’s backpack. The defendant remained silent after being cautioned and pleaded guilty only to the charge of rioting, with the remaining charges being filed.
Rioting carries a maximum term of ten years’ imprisonment. Having regard to the twelve sentencing considerations in the Leung Tin-kei case, and using the scale of the riot and the defendant’s role as a guide, the starting point for the sentence was set at five and a half years.
The defendant was well equipped, took active part in and provoked public disorder, making the offence particularly serious. However, the guilty plea at the scene merited a one-third discount; further, considering the lack of previous convictions, family support and expressions of remorse, a further reduction of four months was allowed.
The court held that the defendant was not a planner but did not act on a momentary impulse, and his conduct was sufficient to aggravate the sentence. To uphold the rule of law and maintain public order, an appropriate deterrent was necessary; however, believing that the defendant had the opportunity to reform, the court allowed some leeway in sentencing.
In the end, the court imposed an immediate sentence of 40 months’ imprisonment for rioting. (Translated from Chinese to English by AI)
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