anti-elab-585 DCCC183/2020 False Imprisonment

文件編號：

anti-elab-585

案件編號：

DCCC183/2020

控罪：

False Imprisonment

涉事日期 :

2019-09-21

涉事地點 :

Yuen Long

判決理由書／裁決書撮要(由AI生成)

以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。

No Reasons for Verdict.

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 the defendants unlawfully assembled after gathering at YOHO Mall in Yuen Long on the evening of 21 September 2019. In the early hours of the following day on Kong King Street, they stopped and unlawfully confined the defendant, and during the riot chased his taxi, assaulted him and smashed his phone. The first defendant admitted to unlawful confinement and rioting, and the third defendant admitted to unlawful assembly.

With reference to Court of Appeal cases, the starting point for sentencing for rioting is generally five years, and for unlawful confinement approximately two and a half years; a guilty plea may reduce the sentence, and consideration should be given to the scale of violence, the number of persons involved and the need for deterrence in the public interest.

The court took into account the first defendant’s proactive and violent conduct in the riot, the elements of unlawful confinement, and his autism and attitude when pleading guilty; although the third defendant is young and has no prior convictions, he participated in unlawful assembly and used spray paint to obscure CCTV cameras, conduct that warrants deterrence while also considering his remorse and prospects.

The judge considered the first defendant’s behaviour to be brutal, seriously endangering others’ safety and public order, but having regard to his mental state and frank guilty plea the sentence may be appropriately reduced; as for the third defendant, his age, remorse and the reformatory centre report suggest he should be given an opportunity for rehabilitation.

The first defendant was sentenced to 20 months’ imprisonment for unlawful confinement and 40 months for rioting, to be served concurrently for a total of 40 months’ imprisonment, and must pay HK$2,500 in phone damages within seven days; the third defendant was ordered to be placed in a reformatory centre, with HK$7,000 to be deducted from his payments as compensation. (Translated from Chinese to English by AI)

查看完整判刑理由書

Case Details

File No.	anti-elab-585
Case No.	DCCC183/2020
Judge	YIU Fun Che, Frankie
Court	District Court
Plea	Plead guilty
Verdict	Convicted
Charge	False Imprisonment
Sentence	Imprisonment
Incident Date	2019-09-21
Incident Location	Yuen Long
Reasons for Verdict (AI Summary)	No Reasons for Verdict.
Reasons for Sentence	View
Reasons for Sentence (AI Summary)	The judgment states that the defendants unlawfully assembled after gathering at YOHO Mall in Yuen Long on the evening of 21 September 2019. In the early hours of the following day on Kong King Street, they stopped and unlawfully confined the defendant, and during the riot chased his taxi, assaulted him and smashed his phone. The first defendant admitted to unlawful confinement and rioting, and the third defendant admitted to unlawful assembly.</p><p>With reference to Court of Appeal cases, the starting point for sentencing for rioting is generally five years, and for unlawful confinement approximately two and a half years; a guilty plea may reduce the sentence, and consideration should be given to the scale of violence, the number of persons involved and the need for deterrence in the public interest.</p><p>The court took into account the first defendant’s proactive and violent conduct in the riot, the elements of unlawful confinement, and his autism and attitude when pleading guilty; although the third defendant is young and has no prior convictions, he participated in unlawful assembly and used spray paint to obscure CCTV cameras, conduct that warrants deterrence while also considering his remorse and prospects.</p><p>The judge considered the first defendant’s behaviour to be brutal, seriously endangering others’ safety and public order, but having regard to his mental state and frank guilty plea the sentence may be appropriately reduced; as for the third defendant, his age, remorse and the reformatory centre report suggest he should be given an opportunity for rehabilitation.</p><p>The first defendant was sentenced to 20 months’ imprisonment for unlawful confinement and 40 months for rioting, to be served concurrently for a total of 40 months’ imprisonment, and must pay HK$2,500 in phone damages within seven days; the third defendant was ordered to be placed in a reformatory centre, with HK$7,000 to be deducted from his payments as compensation. (Translated from Chinese to English by AI)