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 13 October 2019, during protests in the Tseung Kwan O area, the five defendants gathered on site with approximately thirty to sixty other persons and suspected one individual of being an undercover police officer. They first surrounded the person at location A, forcibly demanded the removal of his mask, and searched his belongings, during which an unlawful assembly and unlawful imprisonment occurred. The officer then escaped to location B, where he was attacked by multiple protesters with hammers, fists, and umbrellas; thereafter at location C, the officer and another police officer were forced to stop and were again attacked by the defendants using knee strikes and punches, resulting in multiple lacerations and a fractured nasal bone. After trial and plea proceedings, the defendants were convicted of various charges.
Preliminary sentencing guidelines for the charges in this case are: three years’ imprisonment for rioting, ten months’ imprisonment for unlawful assembly, one year’s imprisonment for unlawful imprisonment, three years’ imprisonment for causing grievous bodily harm (with intent), and twenty months’ imprisonment for causing grievous bodily harm (level 2). The final sentence was determined with reference to English and Hong Kong case law, sentence reductions for guilty pleas, and the defendants’ family and rehabilitation factors.
The judge took into account factors including the defendants’ varying levels of involvement in violence and imprisonment of the police officers across three stages, whether weapons were used, the severity of injuries, the scale and duration of the unlawful assembly, the degree of planning versus spontaneity, their attitude to pleading guilty, family caregiving responsibilities, and the absence of prior convictions or prospects for rehabilitation, in order to balance the principles of punishment, deterrence, public denunciation, and rehabilitation.
The judge considered that the rioting and assault in this case were serious and warranted strong condemnation and a high deterrent effect; nonetheless, in light of some defendants’ guilty pleas, family responsibilities, clean backgrounds, the fact that more than four years have passed since the incident, and the absence of any reoffending, a discretionary reduction in sentence was appropriate to encourage guilty pleas and support their reintegration into society.
Defendant 1 was sentenced to 30 months’ imprisonment, to be served concurrently for all three charges; Defendant 2 was sentenced to 7 months’ imprisonment for unlawful assembly; Defendant 3 was sentenced to 10 months’ imprisonment, to be served concurrently for two charges; Defendant 4 was sentenced to 27 months’ imprisonment, to be served concurrently for two charges; and Defendant 5 was sentenced to 37 months’ imprisonment, to be served concurrently for four charges. (Translated from Chinese to English by AI)
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