判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
The judgment states that on 3 January 2020, the defendant was at the immigration hall of the Hong Kong-Macau Ferry Terminal in Sheung Wan, Hong Kong, where he concealed two transparent plastic bags in his underpants, weighing a total of 47.4 grams and containing 37.6 grams of cocaine, with a street value of approximately HK$53,000. The case summary shows that the defendant entered at 22:40 and departed at 23:08, staying for less than 30 minutes. The defendant admitted the charge on the spot, claiming that all the drugs were for personal use. The defendant is a 29-year-old resident of Macau working as a gaming agent, with no prior convictions.
According to the Lau Tak Ming and Abdallah Anwar Abbas case, the starting point for sentencing trafficking between 10 and 50 grams of cocaine is 5 to 8 years’ imprisonment. Accordingly, for 37.6 grams of cocaine, the starting point is approximately 84 months; additionally, the personal-use factor permits a 25% reduction, an early guilty plea allows a one-third reduction, while the international transport element necessitates an increased penalty.
The judge considered that the defendant had no prior convictions, that the drugs involved were pure cocaine packaged in two bags in quantities consistent with personal use, concealed in the underpants, with a short stay, a straightforward case with no organised or other participation, and also took into account the mitigation materials and the defendant’s family background.
The judge held that, starting from a base sentence of 84 months, the international element added 2 months to make 86 months; applying a 25% discount for personal use reduced it to 64.5 months; further deducting one-third for the guilty plea and granting an additional discretionary reduction of 3 months resulted in a final sentence of 40 months, in accordance with legal guidelines and the principle of proportionality.
The defendant was ultimately sentenced to 40 months’ imprisonment. (Translated from Chinese to English by AI)
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