R. v. LAI SIU KIN

IN THE COURT OF APPEAL

No. 485 of 1995
(Criminal)

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J U D G M E N T

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Bewley, J :(Giving the judgment of the Court)

1. The applicant was convicted of trafficking in a dangerous drug and was sentenced to 6 years' imprisonment by Deputy Judge Andrée Wiltens. He now applies for leave to appeal against that conviction.

2. The Crown case was that two police officers approached the applicant when they saw him acting suspiciously in Chung Hau Village, Yuen Long. He ran off but was apprehended after a short chase. In his pocket 101 straws of heroin were found, to be precise 36.45 grammes of a mixture containing 16 grammes of salts of esters of morphine.

3. The applicant told the police the drugs were not for sale but were for self-consumption. In a later cautioned statement he said he had spent $9,000. Business was good in the kitchen where he worked.

4. At trial the applicant alleged he had been assaulted, threatened and induced to sign the statement. The judge believed the police and disbelieved the applicant on this issue. The cautioned statement was admitted.

5. The applicant also gave evidence on the general issue and denied possessing the drugs. He was disbelieved by the judge. He also called a defence witness whose evidence the judge found did not assist the applicant.

6. In view of the defence that the drugs were never in his possession, the issue of trafficking was not addressed at trial. The judge inferred from the large quantity, the manner of packaging and the conduct of the applicant, that he was trafficking in the drugs.

7. In his grounds of appeal the applicant complains only that the judge believed the police and rejected the defence evidence. We are satisfied that the judge was entitled to do just that. We are also satisfied that it was an irresistible inference that a kitchen worker in possession of such a large quantity of heroin would sell at least some portion of the drugs. For these the reasons the application is dismissed.