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 during the 2019 anti-extradition bill protests, the PolyU campus and its vicinity were sealed off by the police. Many protesters threw bricks, debris and petrol bombs inside and outside the campus, and set a police armoured vehicle on fire, sparking a riot. Although there was no evidence that the defendants personally used violence, they remained at the scene despite knowing a riot was taking place, thereby bolstering the crowd’s momentum and becoming part of the rioters. Some defendants were also involved in assaulting police officers and using face coverings during an unlawful assembly.
The starting point for riot offences is three years’ imprisonment, for face-covering offences two months’ imprisonment and for assaulting police five years’ imprisonment; a plea discount of 20% to 22% applies, with those convicted after trial reduced by one month; defendants under 21 may have two months deducted.
In accordance with the Court of Appeal’s guidance, the offence of riot focuses on upholding the rule of law and deterrence, so no reduction is allowed for individuals who did not personally use violence or have no prior convictions; plea and youth factors may warrant limited reductions; the offences of face covering and assaulting police are of a serious nature and must be served consecutively with the riot sentence.
The defendants were all among the least active participants, but given the serious consequences of the PolyU incident, they must bear substantial sentences; however, considering their age and guilty pleas, moderate reductions may be granted.
The court ultimately set the starting point for each defendant’s riot offence at three years’ imprisonment; after plea and age reductions, sentences ranged from 26 to 35 months. Two defendants charged with face-covering offences received an additional one month to be served consecutively; one defendant convicted of assaulting police received an overall combined sentence of 56 months and three weeks. (Translated from Chinese to English by AI)
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