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 1 July 2019, the defendant joined a gathering at a certain location, where about 200 to 300 people wearing masks and helmets conspired to commit a riot. They threw eggs, umbrellas, water bottles and smoke bombs, pushed metal cage barriers to obstruct the police, repeatedly ignored warnings and confronted officers. Following trial, they were convicted of rioting.
The maximum penalty for rioting is 10 years. In this case, the 12 indicators from the Leung Tin-kei case are applied to assess whether there was premeditation, the number of participants, weapons, scale, duration, harm and public disturbance, and the role of the defendant; the starting point for adults is 4 years; for instigators 3 to 4 years; for youths aged 14 to 21, rehabilitative measures such as placement in a juvenile training centre or a labour education centre are appropriate.
The defendants had no prior convictions, and D5 and D6 were only 14 at the time of the offence; prosecution was delayed by over two years due to legal consultations and the impact of the pandemic, causing stress to the defendants. The court took into account their age, good background and the hardship caused by the delay, and granted mitigation.
The judge considered that the riot in this case was of moderate severity, requiring both deterrence and rehabilitation: immediate custodial sentences for adult offenders as a warning, and detention in a juvenile training centre for minors to facilitate their reform.
Two adult defendants were each sentenced to three years’ imprisonment; the two minor defendants, due to their young age and rehabilitation considerations, were ordered to be detained in a juvenile training centre, to be carried out in accordance with the relevant provisions of the Training Centres Ordinance. (Translated from Chinese to English by AI)
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