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 large‑scale violent nature of the riot, the court adopted multi‑year custodial starting points consistent with comparable cases; possession of zip ties and a laser pointer were treated as aggravating factors justifying higher starting points; D1 (age 19, 16 at offence) was suitable for a training centre order due to youth, remorse and rehabilitative prospects; specific month discounts were applied for age, conduct on remand and cooperation, producing the final concurrent sentences set out in the orders.

Citation
[2023] HKDC 914
Parties
Prosecution: 香港特別行政區; First Defendant: 鄧妙小; Second Defendant: 余柏鏗; Sixth Defendant: 李永賢; Tenth Defendant: 陳志遠
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 June 2023
Case Number
DCCC575/2021
Procedural Posture
Criminal Riot and Related Offences / Sentencing
Outcome
D1: training centre order (for riot and possession with intent); D2: imprisonment for riot 4 years 9 months and for possession of offensive weapon 8 months concurrently (total concurrent term 4 years 9 months); D6: imprisonment 5 years 2 months for riot; D10: imprisonment 4 years 6 months for riot.
Legal Topics
Riot, Possessing Things With Intent to Destroy or Damage Property, Possession of Offensive Weapon in a Public Place, Youth Offender / Training Centre Order
Source Language
CH
Criminal Law Public Order Sentencing Riot Possessing Things With Intent to Destroy or Damage Property Possession of Offensive Weapon in a Public Place Youth Offender / Training Centre Order

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Parties

香港特別行政區

Prosecution

鄧妙小

First Defendant

余柏鏗

Second Defendant

李永賢

Sixth Defendant

陳志遠

Tenth Defendant

Procedural Posture

Criminal Riot and Related Offences / Sentencing

Legal Issues

  1. 1 Appropriate sentence for participation in a large‑scale riot
  2. 2 Aggravating effect of possession of implements capable of causing damage or injury
  3. 3 Application of youth/rehabilitative sentencing (training centre) for young offenders

Ratio Decidendi

Given the large‑scale violent nature of the riot, the court adopted multi‑year custodial starting points consistent with comparable cases; possession of zip ties and a laser pointer were treated as aggravating factors justifying higher starting points; D1 (age 19, 16 at offence) was suitable for a training centre order due to youth, remorse and rehabilitative prospects; specific month discounts were applied for age, conduct on remand and cooperation, producing the final concurrent sentences set out in the orders.

Court Disposition

D1: training centre order (for riot and possession with intent); D2: imprisonment for riot 4 years 9 months and for possession of offensive weapon 8 months concurrently (total concurrent term 4 years 9 months); D6: imprisonment 5 years 2 months for riot; D10: imprisonment 4 years 6 months for riot.

Orders

  • First charge (riot): First Defendant (鄧妙小) sentenced to a training centre order
  • First charge (riot): Second Defendant (余柏鏗) sentenced to imprisonment 4 years 9 months