anti-elab-2922 DCCC294/2020 Riot

文件編號:

anti-elab-2922

案件編號:

DCCC294/2020

控罪:

Riot

涉事日期 :

2019-09-29

涉事地點 :

Admiralty

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 that on 29 September 2019, an unauthorised march took place from Causeway Bay to Admiralty. Approximately 200 to 300 protesters occupied the roads around Government Headquarters, erected barricades, and threw petrol bombs, bricks, and other projectiles at the police. Police attempts to disperse the crowd were repeatedly unsuccessful. During the police’s advance, the defendant attempted to flee. When officer 6117 gave chase, the defendant struck him on the head four times with a brick, and was ultimately subdued and arrested.

The maximum sentence for rioting is 10 years. In reference to similar cases, a term of 4 years and 9 months is adopted as the sentencing benchmark; for assaulting a police officer, the benchmark is 12 months.

Considering that the protest involved about 500 people continuously throwing petrol bombs and hard objects, posing a serious threat to public order; that the defendant was fully equipped and took steps to conceal his identity; and that the assault on the police was violent, it is necessary to uphold police morale and public safety.

Emphasising the importance of upholding the rule of law and public order, a deterrent sentence is required. Sentencing discounts should be applied appropriately but should not exceed established benchmarks in order to maintain consistency in sentencing.

Because the defendant pleaded guilty at an early stage, a one-third discount was applied. The sentences for rioting and assaulting a police officer are 3 years and 2 months and 8 months respectively. Four months of the assault sentence will be served consecutively with the rioting sentence, resulting in a total effective term of 3 years and 6 months’ imprisonment. (Translated from Chinese to English by AI)

查看完整判刑理由書

Case Details

File No. anti-elab-2922
Case No. DCCC294/2020
Judge Cheang Kei-hong
Court District Court No. 24
Plea Plead guilty
Verdict Convicted
Charge Riot
Sentence Imprisonment
Incident Date 2019-09-29
Incident Location Admiralty
Reasons for Verdict (AI Summary) No Reasons for Verdict.
Reasons for Sentence View
Reasons for Sentence (AI Summary) The judgment states that on 29 September 2019, an unauthorised march took place from Causeway Bay to Admiralty. Approximately 200 to 300 protesters occupied the roads around Government Headquarters, erected barricades, and threw petrol bombs, bricks, and other projectiles at the police. Police attempts to disperse the crowd were repeatedly unsuccessful. During the police’s advance, the defendant attempted to flee. When officer 6117 gave chase, the defendant struck him on the head four times with a brick, and was ultimately subdued and arrested.</p><p>The maximum sentence for rioting is 10 years. In reference to similar cases, a term of 4 years and 9 months is adopted as the sentencing benchmark; for assaulting a police officer, the benchmark is 12 months.</p><p>Considering that the protest involved about 500 people continuously throwing petrol bombs and hard objects, posing a serious threat to public order; that the defendant was fully equipped and took steps to conceal his identity; and that the assault on the police was violent, it is necessary to uphold police morale and public safety.</p><p>Emphasising the importance of upholding the rule of law and public order, a deterrent sentence is required. Sentencing discounts should be applied appropriately but should not exceed established benchmarks in order to maintain consistency in sentencing.</p><p>Because the defendant pleaded guilty at an early stage, a one-third discount was applied. The sentences for rioting and assaulting a police officer are 3 years and 2 months and 8 months respectively. Four months of the assault sentence will be served consecutively with the rioting sentence, resulting in a total effective term of 3 years and 6 months’ imprisonment. (Translated from Chinese to English by AI)

裁判官/法官:

Cheang Kei-hong

法院:

District Court No. 24

認罪:

Plead guilty

罪成:

Convicted

判刑:

Imprisonment

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