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 ruling states that the defendant entered Hong Kong on 3 January 2020 via the Hong Kong–Macau Ferry Terminal in Sheung Wan and was arrested in the departure hall. Hidden in his underwear were two transparent plastic bags containing a total of 47.4 grams of solid matter, of which 37.6 grams was cocaine, valued at about HK$53,182.8. The defendant admitted to the trafficking charge but argued that the drugs were solely for personal use over two months, bought because local prices were cheaper than in Macau, with no intention to resell.
According to the cases of Lau Tak Ming and Abdallah Anwar Abbas, the starting point for sentencing for trafficking 10 to 50 grams of cocaine is 5 to 8 years. Calculated on 37.6 grams, this equates to 84 months, with further considerations given to the international element, personal use, the number of packages, and purity.
Considering that all the drugs in this case were for personal use, a 25% reduction is applicable; an additional two months are added due to cross-border transportation; early admission of guilt by the defendant entitles him to a full one-third discount; his lack of criminal record, the straightforward nature of the offence, his minimal involvement, and his family and employment background supporting his reintegration into society warrant a further discretionary reduction of three months.
The judge considers that the defendant poses relatively low harm to society, that the treatment of the personal use and international aspects is in line with precedent, and that a lenient sentence is appropriate in order to balance deterrence with the circumstances of the case.
The court ultimately sentenced the defendant to 40 months’ imprisonment. (Translated from Chinese to English by AI)
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