anti-elab-2882 DCCC431/2020 Unlawful assembly

文件編號:

anti-elab-2882

案件編號:

DCCC431/2020

控罪:

Unlawful assembly

涉事日期 :

2019-10-13

涉事地點 :

Tseung Kwan O

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,on the evening of 19 October 2019,multiple defendants together with protesters cornered an undercover police officer (the victim) at location A on Tong Ming Street in Tseung Kwan O and unlawfully detained him for 7 to 8 minutes,during which they pulled his hair、seized his personal belongings,and some persons armed with hammers、umbrellas and fists and feet assaulted him repeatedly。The victim fled to location B and was then attacked by over ten people using hard objects and fists and feet,and later at location C suffered knee strikes、punches and wrench attacks,before ultimately being rescued by off-duty customs personnel,the victim sustained multiple lacerations to his head、face and limbs,and a fractured nasal bone。

Baseline sentence for rioting: 3 years;for unlawful assembly: 10 months;for unlawful imprisonment: 1 year;for intent to cause grievous bodily harm: 3 years;for causing serious bodily harm to another person: 20 months。

The judge increased the baseline sentences based on the defendants’ roles、the degree of armament and the severity of injuries inflicted during the detention and assaults;and considered factors such as guilty plea reductions of 20%–25%、the defendants’ backgrounds、family responsibilities and the saving of judicial resources to adjust each defendant’s sentence accordingly。

Although the incident was spontaneous、it seriously endangered the safety of the on-duty officer and must be severely condemned and punished;at the same time、the judge considered the defendants’ differing levels of participation and remorse、balancing the need for punishment and deterrence with the need for rehabilitation and reform。

Defendant One’s three charges to be served concurrently,totalling 30 months’ imprisonment;Defendant Two sentenced to 7 months’ imprisonment for unlawful assembly;Defendant Three’s two charges to be served concurrently,totalling 10 months’ imprisonment;Defendant Four’s two charges to be served concurrently,totalling 27 months’ imprisonment;Defendant Five’s four charges to be served concurrently,totalling 37 months’ imprisonment。 (Translated from Chinese to English by AI)

查看完整判刑理由書

Case Details

File No. anti-elab-2882
Case No. DCCC431/2020
Judge LEE Chun Man, Edmond
Court District Court No. 32
Verdict Convicted
Charge Unlawful assembly
Sentence Imprisonment
Incident Date 2019-10-13
Incident Location Tseung Kwan O
Reasons for Verdict (AI Summary) No Reasons for Verdict.
Reasons for Sentence View
Reasons for Sentence (AI Summary) The judgment states,on the evening of 19 October 2019,multiple defendants together with protesters cornered an undercover police officer (the victim) at location A on Tong Ming Street in Tseung Kwan O and unlawfully detained him for 7 to 8 minutes,during which they pulled his hair、seized his personal belongings,and some persons armed with hammers、umbrellas and fists and feet assaulted him repeatedly。The victim fled to location B and was then attacked by over ten people using hard objects and fists and feet,and later at location C suffered knee strikes、punches and wrench attacks,before ultimately being rescued by off-duty customs personnel,the victim sustained multiple lacerations to his head、face and limbs,and a fractured nasal bone。</p><p>Baseline sentence for rioting: 3 years;for unlawful assembly: 10 months;for unlawful imprisonment: 1 year;for intent to cause grievous bodily harm: 3 years;for causing serious bodily harm to another person: 20 months。</p><p>The judge increased the baseline sentences based on the defendants’ roles、the degree of armament and the severity of injuries inflicted during the detention and assaults;and considered factors such as guilty plea reductions of 20%–25%、the defendants’ backgrounds、family responsibilities and the saving of judicial resources to adjust each defendant’s sentence accordingly。</p><p>Although the incident was spontaneous、it seriously endangered the safety of the on-duty officer and must be severely condemned and punished;at the same time、the judge considered the defendants’ differing levels of participation and remorse、balancing the need for punishment and deterrence with the need for rehabilitation and reform。</p><p>Defendant One’s three charges to be served concurrently,totalling 30 months’ imprisonment;Defendant Two sentenced to 7 months’ imprisonment for unlawful assembly;Defendant Three’s two charges to be served concurrently,totalling 10 months’ imprisonment;Defendant Four’s two charges to be served concurrently,totalling 27 months’ imprisonment;Defendant Five’s four charges to be served concurrently,totalling 37 months’ imprisonment。 (Translated from Chinese to English by AI)

裁判官/法官:

LEE Chun Man, Edmond

法院:

District Court No. 32

認罪:

沒有

罪成:

Convicted

判刑:

Imprisonment

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