香港特別行政區 訴 鄧妙小及另三人

香港特別行政區 訴 鄧妙小及另三人

Given the scale, violence and collective character of the riot and the substantial risk and actual damage to persons and property, the court adopted appellate guidance and recent comparable starting points to impose deterrent custodial sentences; possession of items capable of causing damage or used as weapons are aggravating and attract concurrent custody; however a young offender (D1, aged 16 at offence) suitable for a training centre should be sentenced to a training centre order rather than immediate imprisonment where rehabilitation in such a facility is appropriate.

Citation
[2023] HKDC 914
Parties
Prosecutor: 香港特別行政區; Defendant: 鄧妙小; Defendant: 余柏鏗; Defendant: 李永賢; Defendant: 陳志遠
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 June 2023
Case Number
DCCC832/2022
Procedural Posture
Criminal Riot and Related Offences / Sentencing
Outcome
Defendants convicted and sentenced following trial
Legal Topics
Riot, Possession With Intent to Damage Property, Possession of Offensive Weapon in Public Place, Youth Sentencing, Deterrence
Source Language
CH
Criminal Law Public Order Sentencing Riot Possession With Intent to Damage Property Possession of Offensive Weapon in Public Place Youth Sentencing Deterrence

Case Brief

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Parties

香港特別行政區

Prosecutor

鄧妙小

Defendant

余柏鏗

Defendant

李永賢

Defendant

陳志遠

Defendant

Procedural Posture

Criminal Riot and Related Offences / Sentencing

Legal Issues

  1. 1 Appropriate sentences for participants in a large-scale violent public disorder (riot)
  2. 2 Whether a young offender should receive a training centre order instead of immediate imprisonment
  3. 3 Aggravating effect of possession of items usable to damage property or as weapons

Ratio Decidendi

Given the scale, violence and collective character of the riot and the substantial risk and actual damage to persons and property, the court adopted appellate guidance and recent comparable starting points to impose deterrent custodial sentences; possession of items capable of causing damage or used as weapons are aggravating and attract concurrent custody; however a young offender (D1, aged 16 at offence) suitable for a training centre should be sentenced to a training centre order rather than immediate imprisonment where rehabilitation in such a facility is appropriate.

Court Disposition

Defendants convicted and sentenced following trial

Orders

  • First count (riot): 鄧妙小 — training centre order
  • First count (riot): 余柏鏗 — imprisonment 4 years 9 months