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 the defendant, on 3 January 2020, at the Customs departure hall of the Macau Ferry Terminal in Sheung Wan, concealed 47.4 grams of solid drugs on his person, including 37.6 grams of cocaine, with a market value of approximately HKD 53,182.8, and was charged with trafficking in dangerous drugs contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance. The defendant, aged 29, holds a Macau identity card and is a first-time offender. He claimed that due to financial and work-related stress he became addicted, and that all the drugs were for personal use, representing about two months’ consumption; at the time of the incident he had stayed in Hong Kong for less than 30 minutes before returning to Macau. Letters of appeal were submitted by his family, friends, and future employer, requesting leniency from the court.
With reference to the cases R v. Lau Tak Ming and HKSAR v. Abdallah Anwar Abbas, the starting point for sentencing for trafficking 10 to 50 grams of cocaine is 5 to 8 years’ imprisonment, with the starting point for 37.6 grams being approximately 84 months.
The judge determined that the drugs involved were for the defendant’s personal use and allowed a 25% reduction from the starting point; due to the international transport element, an additional two months were added; as the defendant pleaded guilty early, a further one-third was deducted; taking into account his lack of previous convictions, family background, and other mitigating letters, a discretionary reduction of three months was applied. After cumulative calculation, the sentence was adjusted from 84 months to 40 months.
The judge held that while the international element should increase the severity of the sentence, the defendant’s first offence, the single purity of the drugs used solely for personal consumption, and his early plea were all mitigating factors to be considered in sentencing.
The defendant was ultimately sentenced to 40 months’ imprisonment. (Translated from Chinese to English by AI)
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