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 from 17 to 18 November 2019, continuous riots took place at the Hong Kong Polytechnic University and its surroundings, during which protesters organised roadblocks, threw petrol bombs and used bows and arrows, repeatedly confronting the police. On 18 November, the defendant and about 100 others attempted to break through the entrance of Cheung Yun Road, during which they threw petrol bombs and shot arrows at police officers. They were eventually arrested and pleaded guilty to riot charges (alternative charge 4).
According to Section 19 of Chapter 245 of the Public Order Ordinance, the maximum sentence for riot is 10 years’ imprisonment; the Court of Appeal’s guidance sets the starting point at 6 years, which may be increased beyond 6 years if there is serious property damage or personal injury; a guilty plea may reduce the sentence by up to one quarter.
The judge considered that the riot was organised and premeditated, involved about 100 participants, used petrol bombs and bows and arrows, lasted over seven days and had a serious impact on public order; the defendant was one of the crowd without a leadership role but participated in violence, and had a prior conviction for a riot in October, which was an aggravating factor; after the guilty plea reduction, the sentence was set at 52 months, and was further reduced to 24 months.
The judge emphasised that the offence of riot must be punished and deterred in order to uphold the rule of law and public safety; the defendant’s guilty plea was a mitigating factor, but his family background and political beliefs were not, so the reduction in sentence was limited.
The defendant was ultimately sentenced to 24 months’ imprisonment, to be served consecutively with the earlier riot and offensive weapons possession sentences. (Translated from Chinese to English by AI)
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