判刑理由書撮要(由AI生成)
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The judgment states that on or about 9 November 2019, outside Block 1 of Beverley Garden in Tseung Kwan O, a large crowd of protesters gathered following the death of a university student who had fallen from height and died the previous day. Defendant joined more than twenty others in shouting slogans and creating excessive noise. Resident X, awakened by the commotion, went downstairs to complain to the police and ask the crowd to quieten down. He was immediately surrounded by the protesters, including Defendant, who prevented him from leaving and subjected him to a sustained, violent attack. X was punched, kicked and struck with hard objects for approximately ten minutes, sustaining multiple lacerations that required stitches and a three-day hospital stay. The riot only dispersed after police arrival, and Defendant was arrested within minutes. Defendant subsequently pleaded guilty to riot and wounding with intent.
The judge noted that the offence of riot carries a maximum penalty of ten years’ imprisonment under section 19 of the Public Order Ordinance, and wounding with intent carries a maximum life sentence under section 17(a) of the Offences against the Person Ordinance. Emphasising the paramount importance of deterrence and the preservation of public order and the rule of law, the judge adopted starting points of five years and six months for the riot offence and four years and six months for the wounding offence before applying discounts for the earliest guilty pleas.
In determining the sentences, the judge took into account the severity of a mass public disturbance in which participants, including Defendant, used intentional violence on a defenceless resident, the unprovoked nature of the attack and the prolonged, gratuitous beating evidenced by news footage. Although the guilty plea and personal circumstances—such as Defendant’s age, family responsibilities and mental health history—were acknowledged, they were afforded limited weight given the need for general and specific deterrence, the significant harm caused to the victim and the broader public interest in upholding peace and order.
The judge expressed that while freedom of peaceful assembly is fundamental, it is not absolute and ends where violence begins. Participation in a violent riot represents a serious breach of public order and undermines the rule of law. Personal mitigation, including impulsivity or emotional contagion, does not excuse participation in mass violence. A punitive and sufficiently deterrent custodial sentence is essential to protect society and discourage similar conduct.
Defendant was sentenced to concurrent terms of three years and eight months’ imprisonment for the riot offence and three years’ imprisonment for wounding with intent, resulting in an overall effective sentence of three years and eight months. A full discount was applied for the guilty pleas, and the totality principle was observed. The court ordered psychiatric treatment for Defendant during the custodial term as deemed necessary by a psychiatrist.
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