判決理由書／裁決書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。
The judgment states that on the evening of 1 July 2020, outside the Lady M store on the third floor of Times Square in Causeway Bay, the defendant removed the merchant’s retractable belt post and, as police officers were being escorted to the top of the escalator on the second floor, donned gloves and hurled the steel post, weighing approximately 6.8 kilograms, from the second-floor platform. The post smashed a signboard, and the defendant intended to cause serious bodily harm to the officers below. The prosecution presented CCTV footage from the mall and the store, along with witness testimony, proving that the perpetrator was the defendant; the defence, however, disputed the evidence’s inference, the intention to steal and the angle at which the post was dropped.
In accordance with the Criminal Offences Ordinance and the Theft Ordinance, for offences such as attempted grievous bodily harm, throwing objects from a height and theft, the court takes into account factors including the dangerousness of the weapon, the defendant’s intent, the defendant’s character and the degree of harm to society.
The judge found that the defendant, having donned gloves, took the steel post and, after observing the situation on the second floor, threw it down. This conduct went beyond a preparatory act and clearly demonstrated an intent to injure police officers. Regarding theft, the defendant appropriated the post without permission and treated it as his own. As for criminal damage, there was no evidence that the defendant intended to destroy the signboard, so that charge did not stand.
Having considered the CCTV footage, physical evidence and witness testimony, the only reasonable and compelling inference is that the defendant himself threw the steel post with intent to cause serious bodily harm to the law enforcement officers. Therefore, three charges were upheld, and the fourth was dismissed.
The defendant was convicted of the first charge of ‘attempted grievous bodily harm’, the second charge of ‘throwing objects from a height’, and the third charge of ‘theft’; the fourth charge of ‘criminal damage’ was not upheld, and sentencing will be determined separately. (Translated from Chinese to English by AI)
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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。
On 1 July 2020, the defendant threw a steel column from the third floor of Times Square in Causeway Bay at a Riot Police officer climbing onto the second-floor platform. The column nearly hit the officer and nearby members of the public, smashed a second-floor notice board and became bent. That same evening, there was an unlawful assembly. The defendant denied all charges; after trial, he was convicted of attempting to cause grievous bodily harm, throwing objects from a height and theft, but was acquitted of criminal damage.
Under section 159J(1) of the Crimes Ordinance (Cap. 200), the punishment for an attempt may be the same as for the completed offence. There are no fixed sentencing guidelines for wounding with intent under section 17; sentencing depends on the facts of the case and the surrounding evidence.
The defendant’s actions were highly dangerous and deterrent, challenged law enforcement authority and risked encouraging copycat behaviour. He refused to seek mercy, showed no remorse and had no prior convictions, warranting a severe sentence as a warning.
The judge held that the defendant’s mistaken and dangerous belief that passion would justify his actions, his refusal to seek leniency and his lack of remorse required him to be held accountable and to send a warning to society.
He was sentenced to two and a half years’ imprisonment for the first count of attempted grievous bodily harm; three weeks’ imprisonment for the second count of throwing objects from a height, to run concurrently with the first sentence; and one month’s imprisonment for the theft offence, with an order to pay HK$1,000 in compensation, totalling 31 months’ imprisonment. (Translated from Chinese to English by AI)
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