判刑理由書撮要(由AI生成)
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The judgment states that in the early hours of 24 July 2020, the defendant conspired with others to commit arson outside the front entrance of a secondary school, setting fire to the school gate, planters, walls, and so on, which cost the school approximately HK$89,000 to repair. At the time of the offence the defendant was a Form 4 student, and was suspended from school and began working, with no means to pay compensation. Police CCTV footage on the third floor of a shopping mall captured a suspect carrying a petrol gas cylinder, a cloth-stoppered bottle and a jerry can, and gloves and bottle caps were discarded nearby. DNA testing confirmed the defendant was one of the arsonists.
Under section 60(1) of the Crimes Ordinance, the offence of arson by an adult generally requires immediate imprisonment for several years; for young offenders under the age of 21, the court may request a detention centre report under section 109A of the Criminal Procedure Ordinance, and refer to the principle of commensurate sentencing for youth training centres as established by the Court of Final Appeal in the case of Wong Chun Cheong.
At the time of the offence the defendant was 18 years old. Although there were no injuries or deaths, the offence was planned arson, which is serious and requires deterrence. The maximum period of detention in a training centre is three years; with good behaviour the actual period would be around 18 months, with an additional three years of supervision, achieving both punishment and rehabilitation. This is equivalent to an immediate three-year prison sentence.
The judge held that a training centre order both reflects the seriousness and deterrent effect of the offence and provides appropriate rehabilitative training, and is more consistent with the defendant’s youth and need for reform than immediate imprisonment, in accordance with the principle of proportionality.
The court ordered the defendant to be detained in a training centre for a maximum of three years, with actual detention of about 18 months if behaviour is good, and a three-year period of supervision. (Translated from Chinese to English by AI)
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