anti-elab-2809 DCCC357/2021 Riot

文件編號:

anti-elab-2809

案件編號:

DCCC357/2021

控罪:

Riot

涉事日期 :

2019-11-12

涉事地點 :

Central

判決理由書/裁決書撮要(由AI生成)

以下撮要以AI生成及/或翻譯,內容以原來的判決理由書/裁決書為準

No Reasons for Verdict.

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 from around midday to about 3pm on 12 November 2019, over a thousand protesters occupied the roads in Central, damaged traffic installations, set fires to create roadblocks, and confronted the police. Six defendants were arrested at the emergency exit of the Landmark; they were all wearing face coverings, the fifth defendant was carrying various tools, and the fourth defendant was also found with an unlicensed radio communication device.

Sentencing guidelines: four years’ imprisonment as the starting point for riot; six weeks for the offence of wearing a face covering; three months for the offence of possessing items with intent to destroy or damage property (of which one month is to be suspended); and a fine of HK$1,500 for using unlicensed communication equipment.

Although the riot was large in scale and caused serious damage, affecting public order, the defendants had no prior convictions, were not leaders, pleaded guilty, and saved court time; therefore, a moderate sentence reduction was granted, with sentences to be served concurrently or consecutively.

Although the defendants were not ringleaders, they came prepared and helped to amplify the protest’s momentum, posing a threat to public safety; sentencing must serve to deter and condemn such conduct.

The first, second, fourth, seventh and eighth defendants were each sentenced to four years’ imprisonment for riot and six weeks for the offence of using a face covering in an unlawful assembly, with the two sentences to be served concurrently; the fifth defendant was additionally sentenced to three months’ imprisonment for possessing items with intent to destroy or damage property (of which one month is to be suspended), bringing the aggregate sentence to four years and one month; the fourth defendant was also fined HK$1,500. (Translated from Chinese to English by AI)

查看完整判刑理由書

Case Details

File No. anti-elab-2809
Case No. DCCC357/2021
Judge YIU Fun Che, Frankie
Court District Court No. 28
Verdict Convicted
Charge Riot
Sentence Imprisonment
Incident Date 2019-11-12
Incident Location Central
Reasons for Verdict (AI Summary) No Reasons for Verdict.
Reasons for Sentence View
Reasons for Sentence (AI Summary) The judgment states that from around midday to about 3pm on 12 November 2019, over a thousand protesters occupied the roads in Central, damaged traffic installations, set fires to create roadblocks, and confronted the police. Six defendants were arrested at the emergency exit of the Landmark; they were all wearing face coverings, the fifth defendant was carrying various tools, and the fourth defendant was also found with an unlicensed radio communication device.</p><p>Sentencing guidelines: four years' imprisonment as the starting point for riot; six weeks for the offence of wearing a face covering; three months for the offence of possessing items with intent to destroy or damage property (of which one month is to be suspended); and a fine of HK$1,500 for using unlicensed communication equipment.</p><p>Although the riot was large in scale and caused serious damage, affecting public order, the defendants had no prior convictions, were not leaders, pleaded guilty, and saved court time; therefore, a moderate sentence reduction was granted, with sentences to be served concurrently or consecutively.</p><p>Although the defendants were not ringleaders, they came prepared and helped to amplify the protest's momentum, posing a threat to public safety; sentencing must serve to deter and condemn such conduct.</p><p>The first, second, fourth, seventh and eighth defendants were each sentenced to four years' imprisonment for riot and six weeks for the offence of using a face covering in an unlawful assembly, with the two sentences to be served concurrently; the fifth defendant was additionally sentenced to three months' imprisonment for possessing items with intent to destroy or damage property (of which one month is to be suspended), bringing the aggregate sentence to four years and one month; the fourth defendant was also fined HK$1,500. (Translated from Chinese to English by AI)

裁判官/法官:

YIU Fun Che, Frankie

法院:

District Court No. 28

認罪:

沒有

罪成:

Convicted

判刑:

Imprisonment

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