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 2 November 2019, a riot lasting about half an hour broke out on the section of Johnston Road in Wan Chai, during which over a hundred masked protesters erected roadblocks around Hennessy Road and Johnston Road, hurled petrol bombs and set fire to debris, and refused police warnings. The police fired tear gas and deployed water cannon multiple times to disperse the crowd. Four defendants were stopped in that section and were each convicted of rioting and other related offences.
With reference to the Court of Appeal’s twelve sentencing considerations for the offence of riot, a starting point of three years’ imprisonment was adopted, to be increased or decreased according to the defendant’s role and the circumstances of the case.
Due to factors such as the quantity of equipment carried and supplied by the defendants, whether such equipment encouraged or was provided to others for use, and the involvement of any ancillary offences, the baseline term was respectively increased; further reductions were then applied to account for first-time offences, guilty pleas, and other mitigating factors.
Although the offences involved serious conduct such as obstructing roads and throwing petrol bombs, the scope and duration were relatively limited and the actions were not premeditated. Overall, they were less severe than comparable cases; hence a three-year sentence was taken as the sentencing benchmark before adjustment.
The four defendants were sentenced to terms of imprisonment of 45 months, 35 months, 34 months, and 37 months respectively for riot and related offences. (Translated from Chinese to English by AI)
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