判刑理由書撮要(由AI生成)
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The judgment states that in 2021 the four defendants participated in an unauthorised procession in Causeway Bay. They first disrupted public order by obstructing roads and damaging shops; a conflict later arose when a passer-by criticised the protesters. The protesters, including the four defendants, surrounded the individual from behind and repeatedly assaulted him with umbrellas, hard objects and bare hands, causing multiple lacerations and bruises to his head, back and limbs. Defendants two to four pleaded guilty before trial to unlawful assembly and wounding with intent; defendant one, following the court’s verdict, also admitted to riot and wounding charges.
The court determined the sentencing starting point by reference to the maximum penalties for riot, unlawful assembly and wounding with intent; the Court of Appeal’s principles of punishment and deterrence for riot and unlawful assembly; and factors for wounding with intent such as the degree of harm, the weapons used, premeditation and collective action.
A starting point of 36 months was set for the offences of riot and wounding with intent, and 30 months for unlawful assembly; after considering the defendants’ level of involvement, timing of their pleas, lack of prior convictions, genuine remorse and low risk of reoffending, appropriate reductions were applied respectively; the first defendant, having initiated the assault, received only a minor reduction after an increase; the second and third defendants received reductions for early pleas and personal backgrounds; the fourth defendant, being underage, was ordered to a correctional training centre.
The judge held that although the defendants acted on impulse, were not habitual offenders and showed remorse, their conduct involved large-scale violence causing serious injuries, and it was necessary to impose a sufficient sentence to achieve deterrence, while also considering youth rehabilitation and their family backgrounds.
1. The first defendant was sentenced to a total of 34 months’ imprisonment, to be served concurrently for the offences of riot and wounding with intent; 2. The second defendant was sentenced to a total of 25 months’ imprisonment, to be served concurrently for unlawful assembly and wounding with intent; 3. The third defendant was sentenced to a total of 19 months’ imprisonment, to be served concurrently for unlawful assembly and wounding with intent; 4. The fourth defendant was committed to a correctional training centre for unlawful assembly and wounding with intent, to remain for at least one and a half years, with an additional three-year supervision order. (Translated from Chinese to English by AI)
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