判刑理由書撮要(由AI生成)
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The judgment notes that in early November 2019, following online calls for a ‘three strikes’ protest, large numbers of demonstrators entered the campus of the Hong Kong Polytechnic University, set up roadblocks and checkpoints and vandalised facilities, confronting the police for several days. On 18 November 2019, the defendant, as a member of a breakout group of about 100 people, formed an umbrella formation on Changyun Road, threw petrol bombs, bricks and fired arrows at the police in an attempt to break through the cordon, and was eventually subdued and arrested by the police on the south bridge.
The maximum penalty is ten years’ imprisonment. According to case law, sentencing for riot focuses on punishment and deterrence, with a starting point of five to six years; if the case involves premeditation, organisation, the use of weapons or serious damage, the sentence can be raised to over six and a half years; prior riot convictions are an aggravating factor.
In this case, the riot was organised and premeditated, lasted over a week, with demonstrators erecting roadblocks to confront the police and using weapons such as petrol bombs and bows and arrows. This seriously disrupted traffic and damaged public facilities, posing a significant threat to social order. The defendant was a core member of the breakout team and, aside from pleading guilty which justifies a reduction, there are no other mitigating factors. Therefore, a sentence that provides sufficient deterrence must be maintained.
The judge held that the dangers of collective violence must be taken seriously and each participant punished severely to serve as a deterrent. Although the defendant was not a leader, they acted in concert with the group and must bear the corresponding criminal liability; further discretionary reductions are not appropriate.
After comprehensive consideration, the defendant was convicted of rioting and sentenced to 24 months’ imprisonment, to be served in instalments together with the sentences for the prior riot convictions. (Translated from Chinese to English by AI)
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