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 22 December 2019 a gathering at Edinburgh Place in Central which had been issued a ‘no-objection letter’ escalated into a riot, with participants attacking officers using objects and physical force. Two defendants were in the front row; the third kicked an officer, and the first pulled an officer to assist his escape. Following trial, the two defendants were convicted of rioting.
Under the Court of Appeal’s sentencing principles for the offence of rioting, emphasis is placed on maintaining public order and deterrence; there is no fixed guideline for assaulting an officer, with immediate imprisonment generally imposed; the offence of assisting carries a maximum sentence of ten years, to be applied at the court’s discretion based on the facts of the case.
The incident was spontaneous, small in scale, and lasted about twenty minutes. Although the violence was relatively moderate, objects and pepper spray were used in the attacks; the third defendant kicked an officer from behind and the first defendant assisted his escape, constituting aggravating factors; the defendants’ early guilty pleas to assaulting an officer and assisting offences resulted in sentence reductions, leading to 45 months’ imprisonment for rioting and a nine-week term for assaulting an officer and assisting offences.
The court held that the two defendants were not leaders and acted on impulse, but their conduct had escalated the violence and disturbed public order; balancing punishment and deterrence, no further reduction in sentence was granted.
Both defendants were each sentenced to three years and nine months’ imprisonment for rioting, to be served immediately, running concurrently with a nine-week term for their respective assaulting an officer or assisting offences. (Translated from Chinese to English by AI)
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