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 notes that on 3 January 2020, the defendant passed through the departure hall of the Sheung Wan Hong Kong–Macau Ferry Terminal, where two solid items totalling 47.4 grams were found concealed in his underwear. Laboratory analysis showed they contained 37.6 grams of cocaine, with a market value of approximately HK$53,182.8. The defendant admitted the charge and claimed the drugs were for his personal use, sufficient for about two months, with no intention to resell.
By reference to the cases Lau Tak Ming and Abdallah Anwar Abbas, the starting point for trafficking 10 to 50 grams of cocaine is 5 to 8 years (84 months); an increase in sentence is necessary for cross-border transport; a 25% discount applies if the drugs are proven to be for personal use; a 33% reduction for an early guilty plea; and the practice in Secretary for Justice v. Chan Chun Fai, applying a 25% reduction for 12.85 grams of personal-use drugs and uplifts in related cross-border cocaine cases, is also noted.
The defendant has no prior convictions; the seized drugs were of high purity, uncontaminated, and comprised only two personal-use packets; the mode of transport was simple but involved cross-border carriage from Hong Kong to Macau; the judge considered the defendant’s status as the family’s main breadwinner, his family responsibilities, and his spouse’s health condition. Starting from 84 months, two months were added for the international element; after applying a 25% discount, a 33% reduction, and a discretionary 3-month deduction, the final sentence was set at 40 months’ imprisonment.
The judge referred to numerous precedents and weighed factors such as the number of packages, chemical purity, the international element, the defendant’s role, and mitigation. He concluded that a reduction for personal use was appropriate, a slight increase was necessary for the cross-border element, and that credit for an early guilty plea and mitigation was justified, resulting in an overall adjustment.
The defendant was ultimately sentenced to 40 months’ imprisonment. (Translated from Chinese to English by AI)
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