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 noted that the defendant, aged 29, a resident of Macau, married with a 5-year-old son and employed as a gambling agent, developed a drug addiction due to life and work pressures. In the early hours of 3 January 2020, after remaining for less than 30 minutes in the arrival hall at the Hong Kong–Macau Ferry Terminal in Sheung Wan and upon departing from the same location, customs officers discovered two transparent sealed plastic bags containing a total of 47.4 grams of solid drugs in his underwear, of which 37.6 grams was cocaine, valued at approximately HK$53,182.8. He was charged with trafficking a dangerous drug under section 4 of the Dangerous Drugs Ordinance and pleaded guilty at the scene.
According to the precedents set in Lau Tak Ming and Abdallah Anwar Abbas, the sentencing starting point for trafficking 10 to 50 grams of cocaine is 5 to 8 years. In this case, based on 37.6 grams of cocaine, the baseline sentence is 84 months, with factors such as international transport, personal use and mitigation to be considered.
Given that the drugs in question were exclusively for personal use and divided into only two bags, a 25% reduction was applied; the international transport element from Hong Kong to Macau added 2 months; the defendant’s timely guilty plea permitted a one-third reduction; and the absence of prior convictions along with family and social support justified a further discretionary 3-month reduction.
The court held that the defendant’s involvement was straightforward, with a low degree of participation and no intent to resell, and accepted his personal use and mitigation arguments, thereby granting an appropriate sentence reduction.
The defendant was ultimately sentenced to 40 months’ imprisonment. (Translated from Chinese to English by AI)
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