Read the full judgment text of CAAR 13/2022 on BabelCite. This Court of Appeal judgment was delivered on 25 August 2023 before 彭偉昌, 潘敏琦, 彭寶琴.
Criminal law – sentencing review – rioting – unlawful assembly – wounding with intent – unlawful assembly on 24 May 2020 during unauthorised march in Causeway Bay – victim attacked by mob after criticising protesters for blocking roads and damaging property – sustained group attack on lone victim using umbrellas and hard objects, striking head, back and neck as victim fled – victim hospitalised for four days with multiple lacerations – whether original sentencing starting points were manifestly inadequate – whether 'lynching' (私了) character of conduct was adequately considered – whether discounts for no criminal record and low re-offending risk were permissible – starting point for wounding with intent raised from 36 months to 5 years 6 months for first respondent and 5 years for second and third respondents on ground that offence is grave by virtue of intent to cause grievous bodily harm, attack was sustained, group-based, head-directed, and unprovoked – starting point for rioting raised from 42 months to 6 years for first respondent because original judge failed to consider that conduct constituted 'lynching' embodying hate, bullying, intimidation and silencing, requiring deterrent sentencing under Wong Chi Fung (CFA) and 律政司司長 訴 周建諾 – unlawful assembly starting point of 30 months upheld for second and third respondents – discounts for no criminal record and low re-offending risk set aside as wrong in principle for serious violent offences, following 律政司司長 對 黃之鋒 – no criminal record does not equate to good character and low re-offending risk is not an independent mitigating factor – first respondent's prior 2015 assault on police officer arising from protest undermined finding of low re-offending risk for second respondent – application allowed – first respondent's total sentence increased from 34 months to 61 months – second respondent's total sentence increased from 25 months to 42 months – third respondent's total sentence increased from 19 months to 37 months – each reduced by 3 months by way of sentence review discount.
Legal issues: Whether the sentencing starting point for wounding with intent was manifestly inadequate · Whether the rioting starting point adequately reflected the 'lynching' (私了) nature of the offence · Whether discounts for no criminal record and low re-offending risk were permissible in serious violent offences
Outcome: Application for sentence review allowed. D1's total sentence increased from 34 months to 61 months imprisonment. D2's total sentence increased from 25 months to 42 months imprisonment. D3's total sentence increased from 19 months to 37 months imprisonment.
Cited by 34 cases · Cites 11 cases