判刑理由書撮要(由AI生成)
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According to the judgment, the eight defendants took part in the “Global Anti-Totalitarian March” on 29 September 2019 without police permission, demonstrating in the area from Causeway Bay to Admiralty, which escalated into a riot. The protesters formed a defensive line using roadblocks, banners, and umbrellas, set fires, threw petrol bombs, bricks, and hard objects, shone laser beams at officers, obstructed traffic, disrupted social order, and confronted the police multiple times over about two hours, until the police deployed tear gas and water cannon vehicles to disperse the crowd and make arrests.
Immediate imprisonment is generally required for the offence of rioting, with the sentence determined by the overall seriousness of each defendant’s participation; there is no fixed guideline, but other cases have used a reference range of four and a half to six years, with a starting point of 48 months’ imprisonment.
In sentencing, consideration must be given to the number of participants during the riot, the degree of organisation, the violent and destructive conduct, the duration, and the social impact; individual factors such as the carrying of weapons, laser pointers, or first aid supplies also affect the degree of participation; guilty pleas, youth, and lack of prior convictions are factors for mitigation, but motive or ideology is not a primary discretionary consideration.
The court must uphold public order and send a clear message to society that violent destruction is unacceptable; participants who rely on numbers and violence to achieve their aims, regardless of their ideology, must bear the legal consequences; youth and first-time offenders may receive discretionary reductions, but not enough to avoid immediate imprisonment.
After the eight defendants pleaded guilty to the offence of rioting, with mitigation for their pleas and considerations such as youth and lack of prior convictions, they were each sentenced to immediate imprisonment for between 28 and 34 months. (Translated from Chinese to English by AI)
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