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1st protester to be convicted of 'riot' has been sentenced to 4yrs in prison. Long sentence considering 1) he didn't injure anyone, 2) he threw stuff like an umbrella & a helmet & 3) he plead guilty. (Average #FishballUprising 'riot' sentence was abt 3yrs)
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This is by far the longest sentence yet of all 15 #HK protesters sentenced to prison & shows how problematic the 'riot' offense under the Public Order Ordinance is: if the defendant is convicted of a discrete offense simply based on an act he committed, the sentence would be less
Fx, if he's convicted of assault or possession of offensive weapons, that's based on a discrete act. But w riot, the offense is compounded & the defendant is held legally responsible for the whole situation in which he finds himself, not just for his own actions.
