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 stated that on the afternoon of 22 December 2019, a gathering at Edinburgh Place in Central, for which the police had issued a no-objection notice, quickly escalated from a peaceful demonstration into a riot. Approximately 1,500 people in black clothing and masks gathered; some removed the national flag, prompting police to enter and investigate. The crowd then surrounded and abused the officers, repeatedly attacking them with folding chairs, metal objects and other items. During the incident, one defendant kicked an officer in the lower back from behind, while another defendant, having witnessed this, pulled him and assisted his escape. The incident lasted about 20 minutes, several officers sustained minor injuries, and the two defendants were subsequently arrested in turn and convicted of rioting.
Referring to Court of Appeal precedents, the judge emphasised that maintaining public order must prioritise punishment and deterrence. Sentencing factors considered included the spontaneity of the riot, the number of participants, the level of violence, weapon use, duration, injuries caused and the roles of the defendants, combined with reductions for guilty pleas and the principle regarding overlapping charges.
In this case, the riot was brief and spontaneous, with a small number of participants and minimal weapon use; however, the defendants’ assault on a police officer and assistance in escape were aggravating factors. Accordingly, the sentence for rioting was increased from the baseline of 43 months to 45 months, and the sentences for assaulting a police officer and assisting in escape were each set at 12 weeks, reduced by a quarter to 9 weeks.
The judge held that even though the defendants were not the ringleaders and acted impulsively, the offences of rioting and assaulting a police officer undermine public tranquillity, and the penalties must be sufficient to punish and deter, demonstrating the resolve of the rule of law.
Both defendants were each sentenced to 45 months’ imprisonment for rioting; one defendant was also sentenced to 9 weeks’ imprisonment for assaulting a police officer and assisting in escape. All sentences run concurrently, and they were remanded into custody immediately. (Translated from Chinese to English by AI)
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