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 29 September 2019 the eight defendants participated in a demonstration called “Global Anti-Totalitarianism March” in the Admiralty area, which escalated into a riot. The demonstrators blocked roads, erected obstacles, threw petrol bombs and hard objects, set fires, and shone laser beams at police officers, seriously disrupting public order. The police issued multiple warnings and deployed tear gas and water cannon to disperse the crowd and ultimately arrested the eight defendants at around 17:30 that afternoon.
The offence of riot typically carries immediate imprisonment, with the sentence determined by the overall severity of the participants’ actions. Focus is placed on the collective conduct of the crowd, the degree of violence, location, duration, and the threat to public order. If offensive weapons were carried or used, or other offences were committed concurrently, harsher penalties are appropriate.
In this case the riot covered the main thoroughfares of Admiralty and lasted over two hours with at least a thousand participants. It severely paralysed public transport, damaged businesses and public facilities, and subjected law enforcement officers to violence and provocation. The impact on social tranquillity was significant, and the sentence must reflect the law’s determination to uphold order and its deterrent effect.
The court considers that most of the eight defendants are young first-time offenders with positive character references and mitigating factors for their guilty pleas. However, their conduct had far-reaching effects on public order and they must be held accountable for their choices. Therefore, the custodial term was adjusted downward from the standard 48 months on a discretionary basis.
Considering the timing of each defendant’s guilty plea and their mitigation arguments, the court reduced the standard 48-month term and sentenced the defendants to immediate imprisonment ranging from 28 to 34 months respectively. (Translated from Chinese to English by AI)
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