HKSAR v. CHUEN AROM BOONLONGRIT

CACC 291/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 291 OF 2009

(ON APPEAL FROM HCCC NO. 296 OF 2008)

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BETWEEN

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J U D G M E N T

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Hon Stock VP (giving the judgment of the Court):

1.  On 14 August 2009, this applicant was convicted after trial before Saw J and a jury of trafficking in a dangerous drug, and he was sentenced to a term of seven years six months’ imprisonment. He now seeks leave to appeal against conviction and sentence.

2.  The prosecution case was that on 21 May 2008, the applicant was arrested by police officers in Central, searched and in a trouser pocket was a packet containing methamphetamine hydrochloride.  There were 19.39 grammes of the drug.

3.  The applicant is alleged to have said that a friend had asked him to take the drugs to Lan Kwai Fong for the friend’s collection.  There was subsequently a lengthy video-recorded interview in which the applicant gave a somewhat different story which was to the effect that he had travelled to Central with two men, one of whom asked him to hold the drugs whilst he fetched someone to whom the drugs would then be delivered.

4.  The applicant testified at trial challenging the admissibility of the suggested admissions, which he said were false and made as a result of inducements.  His defence was that he had purchased the drugs shortly before for his own consumption.

5.  The applicant represents himself upon these applications and has made oral representations to us today. 

6.  We have studied the summing-up and can discern in it no misdirection.  There are no grounds for upsetting the conviction and accordingly, the application for leave to appeal against conviction is dismissed.

7.  As for sentence, it falls within the prescribed range or tariff for the quantity of drug the subject of the trafficking conviction and accordingly, this application is also dismissed.