判刑理由書撮要(由AI生成)
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The judgment noted that the four defendants participated in an unauthorised assembly in Causeway Bay, where thousands of protesters blocked roads, set fires and damaged shops. During this period, a member of the public who condemned the protesters was surrounded and assaulted by a group wielding umbrellas and hard objects, suffering injuries all over his body. Video footage from the scene showed about twenty individuals attacking the victim in shifts, causing multiple lacerations and bruises to his head and body. The defendants were later arrested and each pleaded guilty to unlawful assembly and assault with intent to injure, among other charges.
The maximum penalty for unlawful assembly is five years’ imprisonment, for riot ten years, and assault with intent to injure up to life imprisonment. There are no fixed sentencing guidelines; one must follow the principles established in cases such as Yang Hau Hin, Leung Tin Kei and Huang Zhi Feng, taking into account factors including the number of participants, the degree of planning, the use of force and weapons, the extent of injuries and the role of the defendant.
In this case, a starting point of thirty-six months was set for riot, thirty months for unlawful assembly and thirty-six months for assault with intent to injure. Mitigating factors such as each defendant’s conduct, the stage of their guilty plea, lack of prior convictions and remorse were taken into account, and the principles of combined execution and concurrent terms were applied.
The judge emphasised that violent conduct poses a serious threat to public order, and sentencing must be deterrent in nature; for juvenile and first-time offenders, opportunities for rehabilitation and family circumstances should also be considered, balancing the public interest with the individual’s future prospects.
The first defendant was sentenced to thirty-four months’ imprisonment for riot and twenty-nine months for assault with intent to injure, to be served concurrently, totalling thirty-four months; the second defendant was sentenced to twenty months and two weeks for unlawful assembly and twenty-five months for assault with intent to injure, to be served concurrently, totalling twenty-five months; the third defendant received a concurrent sentence of nineteen months for both offences; the fourth defendant was sent to a training centre for both offences, with the sentences to run concurrently. (Translated from Chinese to English by AI)
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