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 5 June 2021, the four defendants participated in an unauthorised demonstration in Causeway Bay alongside thousands of protesters, blocking roads, setting fires, and damaging shops and public facilities. During the event, a passerby was assaulted by a group of protesters who used umbrellas, long sticks and other hard objects as well as bare hands after he condemned their conduct, resulting in multiple lacerations and bruises on his head, back and limbs. Upon trial, the first defendant pleaded guilty to rioting and intentionally causing injury, while the second to fourth defendants pleaded guilty to unlawful assembly and intentionally causing injury; each defendant participated in or assisted these violent acts.
Unlawful assembly carries a maximum sentence of 5 years’ imprisonment; rioting 10 years’ imprisonment; and intentionally causing injury may attract a life sentence. The court referred to sentencing principles established in the cases of Tang Ho-hin, Leung Tin-ki and Joshua Wong, taking into account the form of violence, use of weapons, duration, number of participants, impact on public order and property, as well as the defendants’ roles and their willingness to plead guilty.
The riotous conduct in this case was premeditated and involved over a thousand individuals. The attackers surrounded a lone victim and beat him with umbrellas and metal street signs for over a minute, causing multiple serious injuries and disturbing social tranquillity, warranting punishment and strong deterrence; having considered that most defendants had no prior convictions, and some pleaded guilty at an early stage and showed remorse, an appropriate reduction in sentence was applied in accordance with the law.
Group violence that escalated from unlawful assembly to rioting must be met with severe punishment to maintain public order; however, the defendants’ prospects for rehabilitation as young individuals should also be taken into account, combining punishment with the need for reform to arrive at a proportionate sentence.
The first defendant was sentenced to 34 months’ imprisonment for rioting and intentionally causing injury, to be served concurrently; the second defendant received 25 months’ imprisonment for unlawful assembly and intentionally causing injury; the third defendant was given 19 months’ imprisonment for the same offences; the fourth defendant was sent to a training centre to undergo not less than eighteen months of reformatory training and, upon release, is to be subject to a three-year supervision order. (Translated from Chinese to English by AI)
查看完整判刑理由書