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 5 August 2019, the defendant took part in an unauthorised assembly at Wong Tai Sin Plaza. Together with about three hundred protesters, he rushed onto Lung Cheung Road, occupied the carriageway, set up roadblocks, burned miscellaneous items and hurled umbrellas, bricks and other objects at the police cordon. The police fired tear gas to disperse the crowd. The defendant, wearing black clothing and a mask, stood in the frontline, repeatedly throwing debris and assaulting officers, and attempted to throw tear-gas canisters. He was eventually arrested and pleaded guilty to rioting.
The maximum penalty for rioting is 10 years’ imprisonment. Sentencing must take into account the scale of the riot, the degree of premeditation, the violent clashes with the police, the harm caused and the threat to public order, and must determine the starting point and reduction rate in accordance with Court of Appeal cases and plea-reduction guidelines.
The judge set 66 months as the starting point because the defendant led the assault on the police using umbrellas, helmets and slingshots, causing traffic paralysis and injuries. Taking into account his plea and remorse, the sentence was reduced by 25% (16.5 months) to 49.5 months, and then further reduced to 45 months owing to family support and prospects of rehabilitation.
The judge considered that violent attacks undermine the rule of law, that maintaining public order requires a strong deterrent effect, and that similar conduct must be severely punished to safeguard social peace.
The defendant was ultimately sentenced to 45 months’ imprisonment. (Translated from Chinese to English by AI)
查看完整判刑理由書