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, Defendants One through Four, during an unauthorised demonstration in Causeway Bay, assembled to erect barricades and vandalise public property. When the victim criticised their actions, the defendants and other protesters surrounded him armed with umbrellas, metal rods and bare hands, beating and kicking him and throwing traffic signs, causing multiple lacerations and bruises to his head, limbs and back, leading to bleeding and unconsciousness; he was taken to hospital for treatment. Defendants Two through Four subsequently pleaded guilty to unlawful assembly and wounding with intent, and Defendant One pleaded guilty to riot and wounding after the court’s ruling.
The sentencing basis was determined in accordance with the maximum penalties for unlawful assembly, riot and wounding with intent, and the Court of Appeal’s guidelines, taking into account the level of violence, the scale of participation, the use of weapons, the defendants’ roles and the injuries sustained.
Because the defendants’ group assault on the victim was particularly serious, 36 months for riot and wounding with intent and 30 months for unlawful assembly were set as the starting points, with reductions granted for the timing of the guilty plea, absence of prior convictions and personal circumstances.
The bench considers that the defendants’ conduct requires severe punishment as a deterrent, while also weighing their remorse and prospects for rehabilitation; accordingly, the fourth defendant was given a training centre order rather than incarceration.
Defendant One was sentenced to 34 months’ imprisonment for riot and 29 months for wounding with intent, to run concurrently, totalling 34 months; Defendant Two was sentenced to 20 months and two weeks’ imprisonment for unlawful assembly and 25 months for wounding with intent, to run concurrently, totalling 25 months; Defendant Three was sentenced to 15 months for unlawful assembly and 19 months for wounding with intent, to run concurrently, totalling 19 months; Defendant Four was placed in a training centre for both offences, to serve concurrently. (Translated from Chinese to English by AI)
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