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

Court fixed starting points by reference to the defendant’s role, equipment carried and comparable sentences in the same riot: D12, D14 and D18 had a 5‑year starting point; D4 and D9 a 4 years 9 months starting point. The court then applied specified monthly deductions for good conduct, trial conduct, youth and custodial/caretaking hardship leading to final custodial terms: D4 4 years 8 months; D9 4 years 3 months; D12 4 years 11 months; D14 4 years 11 months; D18 4 years 6 months.

Citation
[2023] HKDC 915
Parties
Prosecutor: 香港特別行政區; Fourth Defendant: 施銘洋; Ninth Defendant: 陳卓男; Twelfth Defendant: 周家豪; Fourteenth Defendant: 洪家穎; Eighteenth Defendant: 黃添樂
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 June 2023
Case Number
DCCC575/2021
Procedural Posture
Criminal Riot / Sentencing
Outcome
Defendants convicted after trial and sentenced
Legal Topics
Riot (s.19 Public Order Ordinance), Sentencing Guidelines and Starting Points, Mitigation and Credit for Trial Conduct/custody/caretaking
Source Language
CH
Criminal Law Public Order Ordinance Sentencing Riot (s.19 Public Order Ordinance) Sentencing Guidelines and Starting Points Mitigation and Credit for Trial Conduct/custody/caretaking

Case Brief

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Parties

香港特別行政區

Prosecutor

施銘洋

Fourth Defendant

陳卓男

Ninth Defendant

周家豪

Twelfth Defendant

洪家穎

Fourteenth Defendant

黃添樂

Eighteenth Defendant

Procedural Posture

Criminal Riot / Sentencing

Legal Issues

  1. 1 Appropriate sentencing starting points for participants in a large-scale riot
  2. 2 Extent to which individual mitigation (age, background, caregiving, trial conduct, time in custody) should reduce sentence
  3. 3 Application of precedent and listed factors for riot sentencing

Ratio Decidendi

Court fixed starting points by reference to the defendant’s role, equipment carried and comparable sentences in the same riot: D12, D14 and D18 had a 5‑year starting point; D4 and D9 a 4 years 9 months starting point. The court then applied specified monthly deductions for good conduct, trial conduct, youth and custodial/caretaking hardship leading to final custodial terms: D4 4 years 8 months; D9 4 years 3 months; D12 4 years 11 months; D14 4 years 11 months; D18 4 years 6 months.

Court Disposition

Defendants convicted after trial and sentenced

Orders

  • Fourth Defendant (施銘洋): sentenced to 4 years 8 months imprisonment for riot
  • Ninth Defendant (陳卓男): sentenced to 4 years 3 months imprisonment for riot