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 attempted to smuggle 37.6 grams of cocaine out of Hong Kong by concealing it in his underpants in two clear, sealed plastic bags at the Customs Departure Hall of the Sheung Wan Hong Kong–Macau Ferry Terminal. The drugs had an approximate market value of HK$53,182.8. The defendant pleaded guilty to trafficking in a dangerous drug and agreed to the facts as set out in the summary of facts, including that he remained at the ferry terminal for less than thirty minutes that day, that the drugs were solely for personal use and there was no intention to resell them.
With reference to R v. Lau Tak Ming and HKSAR v. Abdallah Anwar Abbas, the starting point for sentencing trafficking in 10 to 50 grams of cocaine is imprisonment for 5 to 8 years; further adjustments are applied in accordance with relevant case law on international elements and personal-use drugs.
As the case involved 37.6 grams of cocaine for personal use, the court accepted that the defendant had no intention to sell, allowing for a 25% reduction for personal use; however, due to the international element of entering and exiting Hong Kong and Macau, a 2-month increase was applied; the defendant’s early guilty plea entitled him to a one-third reduction; further consideration of his lack of prior convictions and family responsibilities allowed for an additional discretionary reduction of 3 months.
The court held that the drugs in question were of pure quality and moderate quantity, the circumstances of the offence were straightforward, the defendant’s level of involvement was limited, and he showed remorse and had social support, thus a reasonable adjustment within the established sentencing range was appropriate.
The defendant was ultimately sentenced to 40 months’ imprisonment. (Translated from Chinese to English by AI)
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