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 2 November 2019, several thousand protesters gathered in Tsim Sha Tsui and then retreated to Mong Kok, where hundreds set up barricades and blocked traffic at the junction of Nathan Road and Argyle Street. Around 2:00 AM on 3 November, fires were ignited near Nathan Road and at exit C1 of the Mong Kok MTR station. The Defendant was observed adding garbage, Styrofoam boxes, and wooden pallets to these fires, increasing their severity and causing property damage estimated at HK$10,400. The station was closed at the time, and no injuries were reported. The Defendant, aged 20, was arrested on 31 December 2019, cooperated with police, admitted his participation and intent to accelerate the fires “for fun,” pleaded guilty at the earliest opportunity, and expressed remorse. Prior to this, he had no criminal record, maintained steady employment supporting his grandparents, and wore a mask during the incident to avoid identification.
The court applied the principles from leading appellate authorities: maintaining the rule of law and public order; the need for punishment and deterrence by way of immediate custodial sentences for riot; that the offender’s motives do not mitigate; and that the gravamen of riot is collective violence. Sentencing factors included spontaneity, scale, duration, use of violence or weapons, harm to persons and property, public nuisance, offender’s role, and concurrent offences.
The court found aggravating factors in the use of fire to block roads and damage property during a period of elevated civil disorder, warranting a custodial sentence. Mitigating factors included the Defendant’s limited role (he did not originate the fires or act as a leader), no weapons were used or injuries caused, early guilty plea, youth (aged 19 at the time), cooperation with investigation, clear record, genuine remorse, community ties, and full restitution offered and paid.
The judge rejected a non-custodial training centre order as inadequate for general deterrence. A starting point of 63 months’ imprisonment was chosen, reduced by one-third for the guilty plea to 42 months, with a further three-month reduction for restitution, youth, and cooperation, reflecting the Defendant’s remorse and personal circumstances.
The Defendant was sentenced to 39 months’ imprisonment. A compensation order of HK$10,400 was made, to be paid from bail posted, with any balance to be refunded to the Defendant.
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