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 the sixth defendant, together with approximately 100 protesters, participated in a riot at the Hong Kong Polytechnic University and the surrounding Cheong Wan Road area from 17 to 18 November 2019. The protesters occupied the campus, erected barricades and checkpoints, damaged CCTV and campus facilities, and threw petrol bombs and used improvised weapons such as bows and arrows, engaging in fierce clashes with the police lines. After issuing multiple warnings via public media, the police sealed off the campus that evening and the next day intercepted protesters attempting to break out in the Cheong Wan Road area, arresting the sixth defendant, whose actions constituted the offence of rioting.
According to the Court of Appeal’s sentencing principles for the offence of rioting, aimed at punishment and deterrence, the maximum penalty for rioting is 10 years’ imprisonment, with a starting point of 6 years’ imprisonment; in serious circumstances or for repeat offenders, it may be increased to 6.5 years.
In this case, the riot was a large-scale, organised and premeditated operation during which petrol bombs, bows and arrows and other weapons were used, and since the defendant had previously been convicted of rioting, this constituted a significant aggravating factor; however, as the defendant pleaded guilty at an early stage, he is entitled to the maximum reduction, decreasing the sentence from 78 months to 52 months.
The judge considered that the offence of rioting is of grave seriousness, and that it is necessary not only to examine the defendant’s individual conduct but also to assess the overall violent action in which he participated; to protect public order and the safety of law enforcement officers, a sentence with sufficient deterrent effect must be imposed.
The defendant was sentenced to 52 months’ imprisonment for participating in the above rioting offence, following a guilty plea reduction, and this sentence is to be implemented in phases alongside the term imposed in the earlier related case. (Translated from Chinese to English by AI)
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