香港特別行政區 訴 施銘洋及另四人

香港特別行政區 訴 施銘洋及另四人

The court held that riot participation in a large, violent public disorder requires deterrent custodial sentences reflecting the collective nature and risks of the conduct; applying appellate guidance, the court set starting points at five years for defendants whose equipment and role matched earlier guilty pleas and 4 years 9 months for those with limited personal equipment and lesser roles, then reduced those starting points modestly for specific mitigating factors (pre‑trial conduct, age, trial cooperation, caregiving), resulting in final imprisonments of 4 years 8 months (D4), 4 years 3 months (D9), 4 years 11 months (D12), 4 years 11 months (D14) and 4 years 6 months (D18).

Citation
[2023] HKDC 915
Parties
Prosecution: 香港特別行政區; Defendant (fourth): 施銘洋; Defendant (ninth): 陳卓男; Defendant (twelfth): 周家豪; Defendant (fourteenth): 洪家穎; Defendant (eighteenth): 黃添樂
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 June 2023
Case Number
DCCC832/2022
Procedural Posture
Criminal Riot / Sentencing (convicted After Trial)
Outcome
Defendants convicted after trial and sentenced to immediate imprisonment
Legal Topics
Riot, Sentencing Principles, Aggravating and Mitigating Factors, Collective Liability, Public Order Offences
Source Language
CH
Criminal Law Public Order Sentencing Riot Sentencing Principles Aggravating and Mitigating Factors Collective Liability Public Order Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

香港特別行政區

Prosecution

施銘洋

Defendant (fourth)

陳卓男

Defendant (ninth)

周家豪

Defendant (twelfth)

洪家穎

Defendant (fourteenth)

黃添樂

Defendant (eighteenth)

Procedural Posture

Criminal Riot / Sentencing (convicted After Trial)

Legal Issues

  1. 1 Appropriate custodial sentences for participation in riot involving collective violence and property damage
  2. 2 Application of appellate guidance on sentencing for riot (considering group conduct)
  3. 3 Extent to which individual role and personal mitigation should reduce sentence

Ratio Decidendi

The court held that riot participation in a large, violent public disorder requires deterrent custodial sentences reflecting the collective nature and risks of the conduct; applying appellate guidance, the court set starting points at five years for defendants whose equipment and role matched earlier guilty pleas and 4 years 9 months for those with limited personal equipment and lesser roles, then reduced those starting points modestly for specific mitigating factors (pre‑trial conduct, age, trial cooperation, caregiving), resulting in final imprisonments of 4 years 8 months (D4), 4 years 3 months (D9), 4 years 11 months (D12), 4 years 11 months (D14) and 4 years 6 months (D18).

Court Disposition

Defendants convicted after trial and sentenced to immediate imprisonment

Orders

  • Fourth defendant (施銘洋): Imprisonment 4 years 8 months
  • Ninth defendant (陳卓男): Imprisonment 4 years 3 months