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。
According to the judgment, the defendant took part in an unauthorised vigil commemorating the June Fourth incident on 4 June 2020. After about 50 protesters gathered on the open space outside Langham Place, they moved onto the carriageways of Argyle Street and Portland Street, erected roadblocks and obstructed vehicular traffic, and clashed with plainclothes and numbered police officers. The defendant threw a traffic cone at an officer, striking their back; another officer suffered a head injury from a thrown object. After a brief struggle, the defendant was arrested at the scene. The defendant was 22 years old at the time, suffered from ADHD and dyslexia, and was subject to a supervision order.
Referring to the twelve sentencing factors set out in the Court of Appeal’s case of Leung Tin-kei, including whether the riot was premeditated, the number of participants, the degree of violence or use of weapons, the scale and duration, the impact on public transport and order, property damage or personal injury, the effect on community relations and public expenditure, the defendant’s role, and whether any other offences were committed.
In this case, about 50 people occupied a main carriageway and engaged in intense confrontation with the police, causing traffic chaos and injuries to officers. The defendant’s act of throwing a hard object at an officer constituted serious riotous behaviour, but the incident was spontaneous and of short duration, the defendant was not in a leadership role, and there were mitigating factors such as the guilty plea and mental health issues. Taking all circumstances into account, the starting point for sentencing was set at three and a half years’ imprisonment, which was reduced proportionately to 28 months after the guilty plea.
The judge considered that the riot had a serious impact on public order and resulted in injuries to officers, but the defendant’s level of participation was limited, there was no premeditation or leadership role, and personal background and health factors were present, so a discretionary reduction in sentence was warranted.
The defendant pleaded guilty to the offence of rioting and was ultimately sentenced to 28 months’ imprisonment, and for breaching the supervision order was required to pay HK$1,000 within seven days. (Translated from Chinese to English by AI)
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