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 notes that on the evening of 21 September 2019, a large group of people unlawfully assembled at YOHO Mall Phase II in Yuen Long, set up roadblocks, and damaged fire-fighting equipment and CCTV systems; in the early hours of the following day, they moved along Kong King Street into the city centre, stopped and verbally abused a passer-by, forced him to kneel, seized his mobile phone and smashed it; meanwhile others threw bottles and sprayed what appeared to be pepper spray, injuring the victim. Defendant 1 pleaded guilty to unlawful imprisonment and rioting, and Defendant 3 pleaded guilty to unlawful assembly.
With reference to the Public Order Ordinance and the Criminal Procedure Ordinance, sentencing for rioting should consider the number of participants, the degree of violence, the consequences and the deterrent effect, taking into account precedents such as the Tang Ho Yin case (5-year starting point), the Yeung Ka Lun case (4.5-year starting point) and the Wong Chi Fung case; for unlawful imprisonment, the restriction on the victim’s liberty and the degree of bodily harm should be used as the basis.
Defendant 1 played an active role in the riot and the circumstances of the unlawful imprisonment were severe; although his autism and guilty plea were mitigating factors, he was sentenced to 40 months for rioting and 20 months for unlawful imprisonment, to be served concurrently. Defendant 3 was a juvenile with no prior convictions but had proactively damaged the CCTV in the mall; considering his age, remorse and the report from the training centre, the court imposed a placement at a correctional training centre.
The judge held that the defendants’ violent destruction and unlawful detention posed a serious threat to public order and required a deterrent sentence; at the same time, the defendants’ mental and age-related factors were considered in order to achieve both punitive and reformative objectives.
Defendant 1 was sentenced to 20 months’ imprisonment for unlawful imprisonment and 40 months for rioting, to be served concurrently for a total of 40 months, and ordered to pay HK$2,500 in compensation for the damaged mobile phone; Defendant 3 was ordered to a placement at a correctional training centre and to pay HK$7,000 in compensation for the damaged CCTV. (Translated from Chinese to English by AI)
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