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 18 November 2019, the sixth defendant, together with about 100 people, formed a phalanx in the area around Changyun Road outside The Hong Kong Polytechnic University, threw petrol bombs, shot arrows and hurled hard objects, confronted the police, and after entering the campus before the police cordon was in place, attempted to break out and flee, and was arrested at the scene.
The offence of rioting carries a maximum sentence of 10 years’ imprisonment. The Court of Appeal stated that sentencing should consider factors such as premeditation, number of participants, use of weapons, duration, and degree of destruction, and should be primarily punitive and deterrent, with the usual starting point being 5 to 6 years.
The defendant participated in an organised and premeditated riot at PolyU involving about 100 people who used petrol bombs and bows and arrows, and was previously arrested for rioting in October, which constituted an aggravating factor; however, for pleading guilty at an early stage, he received the maximum credit, reducing the sentence from 78 months to 52 months, and after considering concurrent execution with previous sentences, the sentence for this case was set at 24 months.
The judge considered that the PolyU riots seriously disrupted public order and endangered the safety of law enforcement officers, and that a deterrent sentence was necessary. However, since the defendant did not have a leadership role or engage in actual violence, credit was given only for the guilty plea, and other personal background or ideology did not warrant any reduction.
The defendant was sentenced to 24 months’ imprisonment for rioting, to be served concurrently with the previous sentence. (Translated from Chinese to English by AI)
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