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。
According to the judgment, the six defendants rented a hotel room in Yau Ma Tei from 3 to 5 February 2020, and made multiple trips to nearby hardware and convenience stores to purchase flammable and corrosive liquids and tools to manufacture petrol bombs. On the evening of 4 February, five of them, wearing dark clothing, erected a roadblock at the junction of Nathan Road and Gansu Street and threw five lit petrol bombs, causing the roadblock and the road surface to ignite and sustain damage. The police later arrested the defendants and recovered ten petrol bombs, petrol, sulphuric acid, liquefied petroleum gas canisters, spray paint, various tools and protective equipment from the hotel room.
The maximum penalty for arson is life imprisonment; the maximum for possession of items with intent to destroy property is ten years’ imprisonment. For major arson cases not involving loss of life, where there are no special circumstances, the sentencing guideline is four to six years’ imprisonment to serve as a deterrent.
This case involved a planned and coordinated group action, with six individuals dividing tasks and repeatedly manufacturing bombs to detonate in a busy urban area. This posed a serious threat to the lives and property of citizens and was also intended to incite others to resume violence through destruction. Although the defendants pleaded guilty and some were first-time offenders or had acceptable backgrounds, deterrence is paramount for the offence of arson, and their backgrounds do not constitute strong mitigating factors.
The judge held that arson poses extreme danger, and the location was densely populated; an uncontrolled fire could have had unimaginable consequences. The defendants’ actions showed a disregard for the safety of others and were a continuation of social unrest, aimed at rekindling violence. It was necessary to impose a heavy sentence to protect public safety.
The defendant was sentenced to 44 months’ imprisonment for arson and 24 months’ imprisonment for possession of items with intent to destroy or damage property, in line with sentencing guidelines and the guilty plea. Six months of the sentences were to run concurrently with the main term, giving an aggregate sentence of 50 months’ imprisonment. (Translated from Chinese to English by AI)
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