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 entered via the Hong Kong–Macau Ferry Terminal in Sheung Wan from Macau, stayed for less than thirty minutes, and then departed from the same location. Customs officers found two transparent sealed plastic bags containing a total of 47.4 grams of solid substance in his underwear, of which 37.6 grams was cocaine, with a market value of approximately HK$53,182.8; a urine sample taken on 7 January also tested positive for the same substance. The defendant admitted to the charge of trafficking in dangerous drugs and agreed to the facts as set out in the agreed summary of facts. The defendant is a 29-year-old resident of Macau, married with a five-year-old child, working as a gaming agent with a monthly income of approximately HK$20,000 to HK$60,000, and is the main financial provider for his family, with no prior criminal record. The defendant stated that due to life and work pressures and bad company, he developed a drug addiction, and that this batch of drugs was for his own use for about two months and not for resale; letters of plea for leniency were also submitted by family and friends, seeking a merciful sentence.
According to the precedents R v. Lau Tak Ming and HKSAR v. Abdallah Anwar Abbas, the sentencing range for trafficking 10 to 50 grams of cocaine starts at 5 to 8 years’ imprisonment, taking into account factors such as the number of packages, the nature of the mixture, international elements, the defendant’s role and criminal record. In this case, the preliminary sentence for 37.6 grams of cocaine is 84 months.
As the drugs involved were solely for personal use, the sentence was reduced by 25% pursuant to Secretary for Justice v. Chan Chun Fai; because there was an international transport element, 2 months were added; considering the defendant’s early guilty plea, one-third of the sentence was deducted; and further, based on his lack of prior convictions, family responsibilities, and mitigating factors, a discretionary reduction of 3 months was applied.
The judge accepted that the drugs were for personal use, that the packaging was simple, the period of stay was brief, and there was no mixture with other substances; agreed that an appropriate increase for international transport was warranted; affirmed the defendant’s immediate guilty plea and his family responsibilities, and that he had support for reintegration into society, and therefore granted an overall discretionary reduction.
The defendant was ultimately sentenced to 40 months’ imprisonment. (Translated from Chinese to English by AI)
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