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 and 3 November 2019, several thousand protesters gathered in Tsim Sha Tsui before retreating to Mong Kok, where hundreds assembled at Nathan Road and Argyle Street. Barricades of railings, signs and rubbish blocked traffic and, at around 2:00 am, a fire was ignited near Nathan Road by unknown persons. The Defendant was observed adding garbage to that fire, then later placing Styrofoam boxes and wooden pallets onto a blaze outside exit C1 of the Mong Kok MTR station, causing damage estimated at HK$10,400. The station was closed at the time. The Defendant was arrested on 31 December 2019, admitted his participation and motive “for fun,” cooperated fully with police, pleaded guilty at the earliest opportunity, and offered full restitution.
The court applied the principles in HKSAR v Leung Tin Kei [2020] 4 HKLRD 462: maintaining the rule of law and public order; punishment and deterrence requiring immediate custody for violent unlawful assembly or riot; the offender’s rationale is not mitigating; and that riot’s gravamen is large numbers acting with violence to achieve a common purpose.
Aggravating factors included the use of fire to block roads and damage public property during a period of heightened civil unrest; the deliberate acceleration of flames; and the serious risk to public order. Mitigating factors were the Defendant’s youth (19 at the time), lack of prior convictions, minor role without weapons or injuries, early guilty plea and full cooperation with investigators, genuine remorse, responsible family contributions, and payment of full restitution of HK$10,400.
The judge held that a custodial sentence was necessary for deterrence and upholding the rule of law and that a Training Centre order would be inappropriate. He identified a starting point of 63 months’ imprisonment, applied a one-third discount for the guilty plea and a further three-month reduction for restitution, resulting in 39 months’ imprisonment.
The Defendant is sentenced to 39 months’ imprisonment. A compensation order of HK$10,400 is made, to be satisfied from bail funds with any balance refunded to the Defendant or his representative.
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