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

The court held the riot was grave in scale and violence, requiring deterrent custodial sentences informed by group conduct and prior authorities; possession of zip-ties and a laser constituted aggravating factors, increasing the sentence starting point; D1, being 19 (16 at the time) with a positive training-centre report and no leadership role, should be detained in a training centre; D2, D6 and D10 received custodial sentences with specified starting points and modest discounts for age, conduct on bail and cooperation; sentences for additional possession offences run concurrently.

Citation
[2023] HKDC 914
Parties
Prosecution: 香港特別行政區; Defendant (d1): 鄧妙小; Defendant (d2): 余柏鏗; Defendant (d6): 李永賢; Defendant (d10): 陳志遠
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 June 2023
Case Number
DCCC788/2020
Procedural Posture
Criminal / Sentencing / Judgment on Sentence (判刑理由書)
Outcome
D1: Order to training centre for riot and for possession of items to destroy/damage property. D2: Imprisonment for riot and concurrent imprisonment for possession of offensive weapon. D6: Imprisonment for riot. D10: Imprisonment for riot.
Legal Topics
Riot, Possession of Offensive Weapon, Possession of Items With Intent to Destroy or Damage Property, Juvenile Sentencing, Deterrence and Collective Liability
Source Language
CH
Criminal Law Public Order Sentencing Law Riot Possession of Offensive Weapon Possession of Items With Intent to Destroy or Damage Property Juvenile Sentencing Deterrence and Collective Liability

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Parties

香港特別行政區

Prosecution

鄧妙小

Defendant (d1)

余柏鏗

Defendant (d2)

李永賢

Defendant (d6)

陳志遠

Defendant (d10)

Procedural Posture

Criminal / Sentencing / Judgment on Sentence (判刑理由書)

Legal Issues

  1. 1 Appropriate sentencing starting point for participants in a large violent riot
  2. 2 Whether youth and rehabilitative prospects justify non-custodial detention for D1
  3. 3 Aggravating effect of possession of implements (zip-ties) and a laser pointer

Ratio Decidendi

The court held the riot was grave in scale and violence, requiring deterrent custodial sentences informed by group conduct and prior authorities; possession of zip-ties and a laser constituted aggravating factors, increasing the sentence starting point; D1, being 19 (16 at the time) with a positive training-centre report and no leadership role, should be detained in a training centre; D2, D6 and D10 received custodial sentences with specified starting points and modest discounts for age, conduct on bail and cooperation; sentences for additional possession offences run concurrently.

Court Disposition

D1: Order to training centre for riot and for possession of items to destroy/damage property. D2: Imprisonment for riot and concurrent imprisonment for possession of offensive weapon. D6: Imprisonment for riot. D10: Imprisonment for riot.

Orders

  • D1 (鄧妙小): Detention in a training centre for the riot offence.
  • D1 (鄧妙小): Detention in a training centre for possession of items with intent to destroy or damage property (concurrent).