R. v. NG SHUN CHI

IN THE COURT OF APPEAL

1995, No. 624
(Criminal)

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J U D G M E N T

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Mortimer, J.A. (giving the judgment of the Court) :

1. On 4 August 1995 the applicant was convicted by Deputy Judge Duggan in the District Court of trafficking in a mixture of 183.07 grammes containing 35.43 grammes of heroin and was sentenced to 6 years imprisonment. He applies for leave to appeal against his conviction.

The facts

2. On 11 January 1995 the applicant was in the Nam Shan Estate. He had on him 11 packets, each marked with its weight containing the mixture. Those packets were in a black plastic bag. There was also on the applicant $6,000 in cash. He was stopped by the police, searched and arrested.

At trial

3. The applicant advanced the defence that he was a drug addict. The drugs which were on him represented an advantageous purchase. The judge considered the whole of the evidence but he did not believe the applicant when he gave evidence.

4. Relying upon the quantity of drugs found on the applicant, which amounted to between 1-2 month's supply; the money found upon him which amounted to nearly a month's wages; the number of packets marked with the quantity on each; and the value of the drug itself which was approximately $44,000, he convicted him.

The application

5. In his application he raised the same matters he advanced at trial, adding that the judge was prejudiced against him and that there was insufficient proof.

6. There are no arguable grounds upon which this Court can interfere with the judge's finding which he set out carefully and succinctly in his reasons for verdict.

7. There is no merit in this application and it is refused.