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 judgement stated that when the defendant departed from the Sheung Wan Hong Kong-Macau Ferry Terminal on 3 January 2020, two transparent plastic bags were concealed in his underwear, containing a total of 47.4 grams of solid matter, of which 37.6 grams was cocaine, with a market value of approximately HK$53,182.8. The defendant pleaded guilty and agreed to the facts as set out in the summary of facts, stating that the drugs were for personal use rather than for sale, and agreed to all the prosecuting party’s allegations.
According to R v. Lau Tak Ming and HKSAR v. Abdallah Anwar Abbas, the starting point for sentencing trafficking 10 to 50 grams of cocaine is five to eight years’ imprisonment; calculating 37.6 grams of cocaine yields a starting point of approximately 84 months. Further reference is made to Chung Ping Kun involving an international element with an additional sentence, and to Chan Chun Fai where personal use of drugs can reduce the sentence by 25%; a full plea will allow a further one-third reduction.
The drugs in this case were solely for personal use, contained no other substances, were packaged in only two packets, and the quantity corresponded with the defendant’s claim of two months’ usage, thus the personal use rationale was accepted and a 25% reduction applied; the transport from Hong Kong to Macau involved an international element, resulting in a two-month increase; the defendant had no previous convictions, had secured employment through a friend with a commitment to reintegrate into society, and had family responsibilities, which are mitigating factors; as the plea was entered early, pursuant to Ngo Van Nam, a full one-third reduction for a guilty plea is available.
This bench considers that the defendant’s purpose was solely for personal use, the circumstances of the offence were straightforward, with no organised crime or involvement of others, and therefore fully accepts the personal use nature and finds no need to consider any risk of delay; the sentence and mitigating factors are balanced according to the guidelines to achieve the dual aims of fairness and deterrence.
The defendant was ultimately sentenced to 40 months’ imprisonment. (Translated from Chinese to English by AI)
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