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 the evening of 2019年10月13日, the defendants assembled on Tong Ming Street and neighbouring roads in Tseung Kwan O. Initially, several dozen people erected barricades and set fires; later, upon discovering an undercover officer on a street corner, they surrounded and unlawfully detained him for approximately seven to eight minutes, during which they pulled him, used abusive language, threatened him with weapons and seized his personal belongings; the situation then escalated when some defendants attacked the officer with hammers, umbrellas and fists and kicks. The riot resumed at another location, lasting about two minutes and causing the victim multiple lacerations and fractures, until police and passers-by intervened, at which point the unlawful assembly turned into a riot.
Riot offence – three years’ imprisonment; unlawful assembly – ten months’ imprisonment; unlawful detention – twelve months’ imprisonment; wounding with intent to cause grievous bodily harm – thirty-six months’ imprisonment; causing grievous bodily harm – twenty months’ imprisonment
Considerations included the spontaneous nature of the riot, the number of participants and its duration, and the serious circumstances of the unlawful detention and assault on the on-duty officer; also taken into account were mitigating factors such as the defendants’ guilty pleas, good character and remorse; the sentences must reflect the overlap of offences and the principle of concurrent execution
The judge strongly condemned the assaults on the police and the use of violence in order to uphold the rule of law and serve as a deterrent. After weighing the roles and degree of participation of each defendant, differentiated sentencing was applied.
Finally, Defendant 1 was sentenced to 30 months’ imprisonment to be served concurrently with the sentences for the other counts; Defendant 2 was sentenced to seven months’ imprisonment; Defendant 3 to ten months’ imprisonment; Defendant 4 to 27 months’ imprisonment; and Defendant 5 to 37 months’ imprisonment. (Translated from Chinese to English by AI)
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