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 notes that on the evening of 13 October 2019 in the Tseung Kwan O area, suspicion regarding a police officer’s identity stirred public sentiments. Approximately thirty to forty people surrounded an undercover police officer at location A, unlawfully detaining him for about seven to eight minutes and assaulting him with punches, kicks and hard objects such as hammers and umbrellas. After the officer fled to location B, more than ten people violently attacked him again. Another officer who arrived to assist was also assaulted. Both were injured and sent to hospital. The case involves charges of unlawful assembly, rioting, unlawful detention, intentional causing of grievous bodily harm and other offences.
Rioting: sentencing benchmark 3 years; unlawful assembly: 10 months; unlawful detention: 12 months; intentional causing of grievous bodily harm (Article 17): 36 months; causing grievous bodily harm (Article 19): 20 months; guilty plea may reduce the sentence by 25%.
Considering that the incident was impromptu and unpremeditated, and that its scale and duration were relatively limited, but noting that the defendants unlawfully detained on-duty officers and caused multiple lacerations and fractures, constituting serious violent conduct warranting heavier sentences; individual conduct and roles are adjusted according to the part of the body attacked, the weapons used and the degree of participation; the totality principle is applied with concurrent sentences.
The defendants unlawfully besieged and violently assaulted police officers, seriously violating the personal safety of public servants and social order; imprisonment is necessary for punishment and to serve as a warning.
Defendant One was sentenced to 30 months’ imprisonment (to be served concurrently) for rioting, unlawful detention and causing grievous bodily harm to others; Defendant Two was sentenced to 7 months’ imprisonment for unlawful assembly; Defendant Three was sentenced to 10 months’ imprisonment (to be served concurrently) for unlawful assembly and unlawful detention; Defendant Four was sentenced to 27 months’ imprisonment (to be served concurrently) for rioting and intentional causing of grievous bodily harm; Defendant Five was sentenced to 37 months’ imprisonment (to be served concurrently) for rioting, unlawful detention, intentional causing of grievous bodily harm and using a face covering during unlawful assembly. (Translated from Chinese to English by AI)
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