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 the day of the incident, about several thousand protesters held an unauthorised march in Causeway Bay, during which they blocked roads, set fires and damaged shops. The victim was walking alone along Leighton Road when he criticised the protesters, after which he was assaulted by a group of about 15 people, including four of the defendants, using umbrellas, hard objects and bare hands, resulting in multiple lacerations and bruises. The defendants later each pleaded guilty either after being cautioned by the police or upon the court’s ruling.
According to Court of Appeal precedents, sentencing for the offence of riot must consider the degree of violence, number of participants, use of weapons, scale and duration; for unlawful assembly and intent to harm, similar considerations apply, including violence, planning and severity of injuries.
In this case, the assembly and riot were premeditated rather than spontaneous; the assault was sudden and brutal; the victim was isolated and left undefended, sustaining serious injuries; the defendants mutually incited each other. Therefore, a high starting point must be adopted, with deductions for guilty pleas, individual roles and background factors.
Although the defendants showed remorse and had good backgrounds, emphasis must be placed on deterrence and maintaining social order; youth alone is not a primary reason for mitigation.
Sentence: Defendant One was sentenced to 34 months’ imprisonment for riot (including 29 months concurrent for assault); Defendant Two to a total of 25 months’ imprisonment for unlawful assembly and assault; Defendant Three to a total of 19 months’ imprisonment for unlawful assembly and assault; Defendant Four was dealt with as a juvenile, ordered to be sent to a training centre for eighteen months, with a three-year supervision order. (Translated from Chinese to English by AI)
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