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 2 November 2019 in Causeway Bay, the defendant, together with about twenty to thirty others wearing black clothing and masks, set up roadblocks obstructing traffic. During the police pursuit, empty glass bottles, lighter fuel and gloves used to make petrol bombs were found in his backpack. The defendant admitted to unlawful assembly and intent to damage property, pleaded guilty to these two charges, and did not plead guilty to the offence of using a mask, for which he received a formal warning and no further prosecution.
According to the sentencing principles established by the Court of Appeal in relevant precedents, considering factors such as the number of participants, uniform clothing and masking to conceal identity, the obstruction of traffic and the carrying of items capable of manufacturing incendiary devices, the starting point for sentencing on the charge of unlawful assembly is 18 months’ imprisonment; as the second count arises from the same facts, it also begins at 18 months, with both sentences to be served concurrently.
The defendant’s guilty plea showed remorse and saved judicial resources; he was only 16 years old at the time of the offence and had the potential for reform. His background and the report of the Correctional Services Department recommended placement in a training centre to receive training, balancing retributive and corrective functions.
Unlawful assembly and the carrying of destructive tools pose a serious threat to public order and property safety and must be met with a deterrent sentence; however, recognising the malleability of youth, the focus is also on rehabilitative opportunities.
The defendant was ordered to a training centre for a period of up to six months, with credit given for time already spent in custody. (Translated from Chinese to English by AI)
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