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 indicates that the accused was arrested on 3 January 2020 at the Sheung Wan Hong Kong-Macau Ferry Terminal border control point, and two transparent sealed plastic bags were found in his underpants containing a total of 47.4 grams of solid, estimated to contain 37.6 grams of cocaine, with a market value of approximately HK$53,000. The accused pleaded guilty and agreed to the facts set out in the summary of facts, including the time, location, and quantity of the drugs.
With reference to R v. Lau Tak Ming [1990] and HKSAR v. Abdallah Anwar Abbas [2009], the sentencing starting point for trafficking 10 to 50 grams of cocaine is 5 to 8 years’ imprisonment; 37.6 grams of cocaine corresponds to a starting point of 84 months.
Considering that the drugs involved were solely for personal use, and that the packaging and duration of possession are consistent with this claim, a 25% reduction is applied; due to the international transportation element, 2 months are added; the accused’s early guilty plea results in a one-third reduction; further, due to lack of prior convictions and family responsibilities, an additional 3 months are deducted.
The judge found that the accused played a minor role, had no intention of organised distribution or resale, and that the factors of personal use and mitigation were significant, with the international element having minimal impact; the overall sentencing and discount arrangement is fair and reasonable.
The accused was ultimately sentenced to 40 months’ imprisonment. (Translated from Chinese to English by AI)
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